Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Law
Voter Welfare: An Emerging Rule Of Reason In Voting Rights Law, Samuel Issacharoff
Voter Welfare: An Emerging Rule Of Reason In Voting Rights Law, Samuel Issacharoff
Indiana Law Journal
For the first time in at least a generation, the central focus of voting rights law has returned to the issue of eligibility to cast a ballot and the act of voting itself. Unlike in prior generations, the fights over voting are centrally part of a partisan battle for electoral supremacy and are not organized around perpetuating the historic sub-ordination of minority populations—whatever the localized impact on minorities that the new voting rules may trigger. In the partisan environment, courts face claims of exclusion that only imperfectly map onto constitutional prohibitions of discrimina-tory intent or statutory protections of minority voting …
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Legislative Findings, Congressional Powers, And The Future Of The Voting Rights Act, Luis Fuentes-Rohwer
Legislative Findings, Congressional Powers, And The Future Of The Voting Rights Act, Luis Fuentes-Rohwer
Indiana Law Journal
In enacting the Voting Rights Act of 1965, Congress sought to overcome decades of outright refusal to enforce the Fifteenth Amendment. The statute was considered "harsh " and "punitive" by critics, and the Supreme Court partially agreed, calling the legislation "stringent, " inventive, " and "uncommon. " Yet the Court ultimately sided with the national ruling coalition as represented by the administration and overwhelming congressional majorities. This Article examines the early internal debates over the constitutionality of the Act and concludes that the question of legislative findings played a key role. In particular, internal notes and memoranda from the Katzenbach …