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Full-Text Articles in Law
The Ghost Of John Hart Ely, Ryan D. Doerfler, Samuel Moyn
The Ghost Of John Hart Ely, Ryan D. Doerfler, Samuel Moyn
Vanderbilt Law Review
The ghost of John Hart Ely haunts the American liberal constitutional imagination. Despite the failure long ago of any progressive constitutional vision in an increasingly conservative Supreme Court, Ely’s conjectures about the superiority of judges relative to legislatures in the protection of minorities and the policing of the democratic process remain second nature. Indeed, they have been credible enough among liberals to underwrite an anxious or even hostile attitude toward judicial reform. In order to exorcise Ely’s ghost and lay it to rest, this Article challenges his twin conjectures. First, the Article argues that there is little historical and no …
Challenging The Challengers: How Partisan Citizen Observers Contribute To Disenfranchisement And Undermine Election Integrity, Kate Uyeda
Vanderbilt Law Review
Almost every state allows political parties to sponsor and train private citizens to serve as election observers and sometimes even to challenge the eligibility of other private citizens to vote. These partisan citizen observers, referred to in this Note as “PCOs,” have far too often perpetuated the racism, disenfranchisement, and discrimination that already plague our democratic processes. While election observers can play a valuable role in preserving and maintaining the integrity of our elections at all levels, existing regulations do not effectively guard against discriminatory or intimidating PCO behavior. This Note analyzes the social and legal harms that may result …
On Foxes And Hedgehogs, Roger P. Alford
On Foxes And Hedgehogs, Roger P. Alford
Journal Articles
This Article is about John Nagle’s many means to one great end. It will outline the many themes of his scholarship: (i) environmental law, (ii) statutory interpretation, (iii) constitutional law, (iv) nuisance and pollution, (v) election law and campaign finance, (vi) Christianity and the environment, and (vii) national parks. It will offer conclusions on how he used his scholarly interests as a means to pursue his overarching worldview.
Election Law And Election Subversion, Lisa Marshall Manheim
Election Law And Election Subversion, Lisa Marshall Manheim
Articles
Scholars of American election law used to take the rule of law as a given. The legal system, while highly imperfect, appeared sturdy, steady, and functional. Recent election cycles—culminating in dramatic attempts at election subversion—have revealed this assumption beginning to break down. Without the rule of law as a dependable constant, the study of election law quickly expands. Legal experts now are simultaneously occupied with: first, the substance of election laws; second, the design of election institutions; and third, the threat of participants unlawfully undermining elections from within. This Essay identifies and contextualizes the rule-of-law pivot that is reflected in …
The Dangerous Independent State Legislature Theory, Jason Marisam
The Dangerous Independent State Legislature Theory, Jason Marisam
Faculty Scholarship
In 2020, conservative justices and the Trump Campaign championed a theory, known as the independent state legislature doctrine, that claims voting rights protections in state constitutions do not apply to the election rules that state legislatures set for the federal elections in their states. Under the theory, state courts cannot review and enjoin these state election laws for state constitutional violations. This Article exposes the flaws and dangers of the independent state legislature theory. It deconstructs the justifications for its utility, revealing them as undertheorized and based on flawed assumptions of legislative behavior and flawed understandings of constitutional and institutional …