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Full-Text Articles in Law

A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner Dec 2004

A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner

Journal Articles

No abstract provided.


How Not To Count Votes, John C. Nagle Jan 2004

How Not To Count Votes, John C. Nagle

Journal Articles

Rutherford B. Hayes defeated Samuel Tilden by one electoral vote in the presidential election of 1876. In Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876, Roy Morris, Jr. concludes that the election was stolen from Tilden by Republican partisans serving on the canvassing boards in the three Southern states - Florida, Louisiana, and South Carolina - that were still under the control of Republican governments backed by the federal army. But in Centennial Crisis: The Disputed Election of 1876, Chief Justice William H. Rehnquist defends the integrity and the actions of the …


The Appearance Of Election Law, John Nagle Jan 2004

The Appearance Of Election Law, John Nagle

Journal Articles

The recent attention to election law implies that questions of reapportionment, voting rights, campaign finance, and the counting of votes belong to the same category of legal questions. In each instance, the evolving Supreme Court jurisprudence emphasizes appearances. The appearance of legislative districts, the appearance of corruption, and the appearance of partisanship are just some of the distinct ways in which the Court has concluded that appearance matter. As with other appearances, what looks to some observers like a gerrymandered district or a corrupting contribution is seen by others as a legitimate apportionment or an innocent expression of political support. …