Law Commons^™

Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer

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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 …

Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein

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No abstract provided.

Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

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No abstract provided.

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

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No abstract provided.

Playing Defense, Robert F. Nagel

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Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

Introduction, Paul F. Campos

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No abstract provided.

The Term Limits Dissent: What Nerve, Robert F. Nagel

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No abstract provided.

The Future Of Federalism, Robert F. Nagel

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No abstract provided.

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

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No abstract provided.

Initiative Petition Reforms And The First Amendment, Emily Calhoun

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No abstract provided.

Voice In Government: The People, Emily Calhoun

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No abstract provided.

Peremptory Challenges: Free Strikes No More, H. Patrick Furman

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No abstract provided.

Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman

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No abstract provided.

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

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No abstract provided.

Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun

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No abstract provided.

Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun

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No abstract provided.

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

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No abstract provided.

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

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No abstract provided.

Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel

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No abstract provided.

Developments In The Law Of Coerced Confessions, Howard Klemme

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No abstract provided.

Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme

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No abstract provided.