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Full-Text Articles in Law

Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin Oct 2011

Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin

Indiana Law Journal

An emerging consensus among election law scholars urges courts to break out of “the stagnant discourse of individual rights and competing state interests” and instead adopt a jurisprudence of “structural” democratic values that sidelines individual rights. This structuralist approach won out in the great “rightsstructure” debate in election law, and came to dominate the field, during a period in which the main controversies—vote dilution, gerrymandering, ballot access, campaign finance—were all ones in which the structuralist move was illuminating. However, structuralism is now causing both scholars and courts to evaluate the new wave of vote denial controversies, over such issues as …


Re-Solidifying Racial Bloc Voting: Empirics And Legal Doctrine In The Melting Pot, D. James Greiner Apr 2011

Re-Solidifying Racial Bloc Voting: Empirics And Legal Doctrine In The Melting Pot, D. James Greiner

Indiana Law Journal

Racial bloc voting is the central concept in judicial regulation of redistricting. For the past several decades, the definition and proof of this concept have depended on two premises: that polities can be conceptualized in biracial terms and that nearly perfect information on voting patterns can be inexpensively obtained from simple statistical methods. In fact, however, neither premise has been true for some time, as the nation has become multiracial and allegations have increased that Caucasians vote less monolithically than before, with both assertions imposing severe stress on the simple statistical methods previously used to assess voting patterns. In this …


Community As A Redistricting Principle: Consulting Media Markets In Drawing District Lines, Jason C. Miller Jan 2011

Community As A Redistricting Principle: Consulting Media Markets In Drawing District Lines, Jason C. Miller

Indiana Law Journal

With the 2011 redistricting process poised to commence across the country, debates are raging as to who should draw district lines, how to keep those individuals from drawing them for partisan advantage, and the best way to draw minority districts. This paper addresses the largely overlooked area of media markets. Districts drawn to conform with media markets experience higher voter turnout. Moreover, linking a city and its economically-connected suburbs together is simply common sense. Discussing the impact of district conformity, or lack thereof, with media market boundaries on campaign strategy, news reporting, voter participation, grassroots organizing, and candidate recruitment, this …


Merit Pay And Pain: Linking Congressional Pay To Performance, Jonathan D. Mcpike Jan 2011

Merit Pay And Pain: Linking Congressional Pay To Performance, Jonathan D. Mcpike

Indiana Law Journal

No abstract provided.