Law Commons^™

Implicit Bias, Election '08, And The Myth Of A Post-Racial America, Jeffrey J. Rachlinski, Gregory S. Parks

Jeffrey J. Rachlinski

The election of Barack Obama as the forty-fourth President of the United States signals that the traditional modes of thinking about race in America are outdated. Commentators and pundits have begun to suggest that the election of a black man to the nation's highest office means that the United States has entered a post-racial era in which civil rights laws are becoming unnecessary. Although President Obama's election means that explicit, open anti-black racism has largely faded, an analysis of the campaign's rhetoric and themes suggests that unconscious racism is alive and well. Rather than suggest a retreat from traditional civil …

Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks

Jeffrey J Rachlinski

The election of Barack Obama as the forty-fourth president of the United States suggests that the United States has made great strides with regard to race. The blogs and the pundits may laud Obama’s win as evidence that we now live in a “post-racial America.” But is it accurate to suggest that race no longer significantly influences how Americans evaluate each other? Does Obama’s victory suggest that affirmative action and antidiscrimination protections are no longer necessary? We think not. Ironically, rather than marking the dawn of a post-racial America, Obama’s candidacy reveals how deeply race affects judgment.

Unconscious Bias And The 2008 Presidential Election, Gregory S. Parks, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

The 2008 presidential campaign and election will be historic. It marks the first time a Black person (Barack Obama) and a woman (Hillary Clinton) have a real chance at winning the Presidency. Their viability as candidates symbolizes significant progress in overcoming racial and gender stereotypes in America. But closer analysis of the campaigns reveals that race and gender have placed enormous constraints on how these two Senators can run their candidacy. This is not surprising in light of the history of race and gender in voting and politics in America. But what is perhaps more surprising is how the campaigns …

Rethinking Transparency In U.S. Elections, Rebecca Green

Faculty Publications

Bush v. Gore catapulted this country into a crisis of confidence in the management of our elections. Despite reforms since 2000, public confidence in election administration continues to wane. Are dead people on the rolls? Are noncitizens voting? Are provisional ballots wrongly rejected? State election transparency statutes meant to reassure the public that elections are producing legitimate results are often conflicting, vague, and even nonexistent. Exacerbating the problem, the last two decades have witnessed huge changes that offset the transparency balance. Dramatic changes in how Americans vote, how elections are administered, and who scrutinizes the election process call for a …

A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman

University of Richmond Law Review

No abstract provided.

The Meme Of Voter Fraud, Atiba R. Ellis

Catholic University Law Review

The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack …

Judicial Diversity After Shelby County V. Holder, William Roth

Michigan Law Review First Impressions

In 2014, voters in ten of the fifteen states previously covered by the Voting Rights Act ("VRA") preclearance formula-including six of the nine states covered in their entirety-will go to the polls to elect or retain state supreme court justices. Yet despite the endemic underrepresentation of minorities on state benches and the judiciary's traditional role in fighting discrimination, scholars have seemingly paid little attention to how Shelby County v. Holder's suspension of the coverage formula in section 4(b) has left racial minorities vulnerable to retrogressive changes to judicial-election laws. The first election year following Shelby County thus provides a compelling …

Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin

Donald B. Tobin

This article ... will analyze both the statutory and constitutional questions concerning whether 527organizations are ‘‘political committees’’ under FECA and thus subject to the $5,000 cap on the contributions they receive from each donor. The article will also consider whether other forms of tax-exempt organizations besides 527s—most notably so-called 501(c)(4) organizations—provide an alternative means of circumventing this $5,000 contribution limit.

The Road Paved With Gravel: The Encroachment Of South Carolina's Judiciary Through Legislative Judicial Elections, Samantha R. Wilder

South Carolina Law Review

No abstract provided.

Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin

Donald B. Tobin

No abstract provided.

Political Advocacy And Taxable Entities: Are They The Next "Loophole"?, Donald B. Tobin

Donald B. Tobin

No abstract provided.

In Reckless Pursuit: Barry Goldwater A Team Of Amateurs And The Rise Of Conservatism, Nicholas D'Angelo

Honors Theses

Before 1964, Barry Goldwater had never lost an election. In fact, despite being the underdog in both of his U.S. Senate elections in Arizona, in 1952 and 1958, he defied the odds and won. His keen ability for organization, fundraising and strategy was so widely respected that his Republican colleagues appointed the freshman senator to chair their campaign committee in 1955, with conservatives and liberals alike requesting his aid during contentious elections. Goldwater himself adamantly believed that in politics, “organization is the whole secret.” For all of these reasons, 1964 seems to be an outlier in the senator’s expansive career. …

The Impact Of Political Social Motivation, Trust In Government, External Political Efficacy, Internal Political Efficacy And Personal Motivation On Political Engagement Behavior Among Young Adult College Students, Maurice Mongkuo, Melissa L. Lyon

Government and History Faculty Working Papers

Aim: This study assesses the impact of political social motivation, trust in government, political efficacy, and personal motivation on political engagement behavior among young adult college students.

Study Design: Quasi-experimental One-shot Case Study Design.

Place and duration of study: Fayetteville State University; January 2014 to May 2014.

Methodology: Survey data of indicators of the five latent constructs was collected from college students. Exploratory principal component factor analysis and Cronbach’s alpha test were performed to identify the factorial structure of the each of the political engagement questionnaire. Structural equation modeling analysis was performed to estimate the overall …

"Lotteries As An Alternative Selection Method For Representatives", Hélène Landemore

Schmooze 'tickets'

No abstract provided.

Toward An Alternative Theory Of Constitutional Design, Emily Zackin, Mila Versteeg

Schmooze 'tickets'

No abstract provided.

A Court For The One Percent: How The Supreme Court Contributes To Economic Inequality, Michele E. Gilman

All Faculty Scholarship

This Article explores the United States Supreme Court’s role in furthering economic inequality. The Occupy Wall Street movement in 2011 not only highlighted growing income and wealth inequality in the United States, but also pointed the blame at governmental policies that favor business interests and the wealthy due to their outsized influence on politicians. Numerous economists and political scientists agree with this thesis. However, in focusing ire on the political branches and big business, these critiques have largely overlooked the role of the judiciary in fostering economic inequality. The Court’s doctrine touches each of the major causes of economic inequality, …

Corruption Temptation, Guy-Uriel Charles

Faculty Scholarship

In response to Professor Lawrence Lessig’s Jorde Lecture, I suggest that corruption is not the proper conceptual vehicle for thinking about the problems that Professor Lessig wants us to think about. I argue that Professor Lessig’s real concern is that, for the vast majority of citizens, wealth presents a significant barrier to political participation in the funding of campaigns. Professor Lessig ought to discuss the wealth problem directly. I conclude with three reasons why the corruption temptation ought to be resisted.

Hollowed-Out Democracy, Kate Andrias

Articles

Professors Joseph Fishkin’s and Heather Gerken’s essay for this symposium, The Two Trends That Matter for Party Politics, along with the larger project of which it is a part, marks a notable turn (or return) in the law-of-democracy field. Unlike much recent scholarship, Fishkin’s and Gerken’s work does not offer a comprehensive theory of corruption or equality, but instead analyzes the relationship between campaign finance law and the actual functioning of political parties in our democracy. In brief, Fishkin and Gerken tell us that our contemporary political parties are at once highly polarized and oddly weak. They claim this is …

The Right To Vote Under State Constitutions, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article provides the first comprehensive look at state constitutional provisions explicitly granting the right to vote. We hear that the right to vote is "fundamental," the "essence of a democratic society," and "preservative of all rights." But courts and scholars are still searching for a solution to the puzzle of how best to protect voting rights, especially because the U.S. Supreme Court has underenforced the right to vote. The answer, however, is right in front of us: state constitutions. Virtually every state constitution includes direct, explicit language granting the right to vote, as contrasted with the U.S. Constitution, which …

Disenfranchising America’S Youth: How Current Voting Laws Are Contrary To The Intent Of The Twenty-Sixth Amendment, Sarah Fearon-Maradey

The University of New Hampshire Law Review

[Excerpt] “Laws attempting to suppress student voters are not a new advent. Since the Twenty-Sixth Amendment lowered the voting age from twenty-one to eighteen in 1971, states have been passing legislation that has challenged, restricted, and continuously narrowed the eligibility of students to vote. The reasoning behind these laws generally focuses on the belief that student voters dilute the power of permanent resident voters, tend to vote in democratic blocks, and are not sufficiently invested in the community. Regardless of the motivation, these voting laws often have the effect of disenfranchising non-informed students, who either miss the opportunity to vote …

Election Law's Lochnerian Turn, Ellen D. Katz

Articles

This panel has been asked to consider whether "the Constitution [is] responsible for electoral dysfunction."' My answer is no. The electoral process undeniably falls well short of our aspirations, but it strikes me that we should look to the Supreme Court for an accounting before blaming the Constitution for the deeply unsatisfactory condition in which we find ourselves.

Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz

Articles

Four years ago, Citizens United v. Federal Election Commission held that for-profit corporations possess a First Amendment right to make independent campaign expenditures. In so doing, the United States Supreme Court invited speculation that such corporations might possess other First Amendment rights as well. The petitioners in Conestoga Wood Specialties Corp. v. Sebelius are now arguing that for-profit corporations are among the intended beneficiaries of the Free Exercise Clause and, along with the respondents in Sebelius v. Hobby Lobby Stores, that they also qualify as “persons” under the Religious Freedom Restoration Act (RFRA). Neither suggestion follows inexorably from Citizens United, …