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Articles 1 - 19 of 19
Full-Text Articles in Law
What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz
What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz
Articles
Two years ago, United States u. Windsor tossed out the Defense of Marriage Act ("DOMA"). Thereafter, proponents of marriage equality secured dozens of notable victories in the lower courts, a smattering of setbacks, and last June, the victory they sought in Obergefell v. Hodges. During this same period, opponents of electoral restrictions such as voter identification have seen far less sustained success. Decided the day before Windsor, Shelby County v. Holder scrapped a key provision of the Voting Rights Act ("VRA") while making clear that plaintiffs might still challenge disputed voting regulations under Section 2 of the VRA and the …
Barriers To The Ballot Box: Implicit Bias And Voting Rights In The 21st Century, Arusha Gordon, Ezra D. Rosenberg
Barriers To The Ballot Box: Implicit Bias And Voting Rights In The 21st Century, Arusha Gordon, Ezra D. Rosenberg
Michigan Journal of Race and Law
While much has been written regarding unconscious or “implicit bias” in other areas of law, there is a scarcity of scholarship examining how implicit bias impacts voting rights and how advocates can move courts to recognize evidence of implicit bias within the context of a voting rights claim. This Article aims to address that scarcity. After reviewing research on implicit bias, this Article examines how implicit bias might impact different stages of the electoral process. It then argues that “results test” claims under Section 2 of the Voting Rights Act (VRA) present an opportunity for plaintiffs to introduce evidence regarding …
Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams
Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams
Touro Law Review
No abstract provided.
Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson
Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson
Journal of Race, Gender, and Ethnicity
No abstract provided.
An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow
An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Path Forward From Shelby County V. Holder, Janet W. Steverson
The Path Forward From Shelby County V. Holder, Janet W. Steverson
Journal of Race, Gender, and Ethnicity
No abstract provided.
Grandpa, Charles Walker
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby, Race, And Disability Rights, Ravi Malhotra
Shelby, Race, And Disability Rights, Ravi Malhotra
Journal of Race, Gender, and Ethnicity
No abstract provided.
Preferential Judicial Activism, Sudha Setty
Preferential Judicial Activism, Sudha Setty
Journal of Race, Gender, and Ethnicity
No abstract provided.
Frederick Douglass On Shelby County, Olympia Duhart
Frederick Douglass On Shelby County, Olympia Duhart
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby County V. Holder: A Critical Analysis Of The Post-Racial Movement’S Relationship To Bystander Denial And Its Effect On Perceptions Of Ongoing Discrimination In Voting, Abra S. Mason
Journal of Race, Gender, and Ethnicity
No abstract provided.
Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy
Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy
Journal of Race, Gender, and Ethnicity
No abstract provided.
Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood
Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood
Journal of Race, Gender, and Ethnicity
No abstract provided.
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Journal of Race, Gender, and Ethnicity
No abstract provided.
Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Publications
Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article argues that the courts, in partnership with the Department of Justice, could reform section 2 so that it fills much of the gap left by the Supreme Court's evisceration of section …
Race, Federalism, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Race, Federalism, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
No abstract provided.
Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer
Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer
Articles & Chapters
No abstract provided.
Justice Ginsburg's Umbrella, Ellen D. Katz
Justice Ginsburg's Umbrella, Ellen D. Katz
Book Chapters
Near the end of her dissent in Shelby County v. Holder, Justice Ginsburg suggested a simple analogy to illustrate why the regional protections of the Voting Rights Act (VRA) were still necessary. She wrote that “[t]hrowing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”