Law Commons^™

Acting Cabinet Secretaries And The Twenty-Fifth Amendment, James A. Heilpern

University of Richmond Law Review

The Twenty-Fifth Amendment of the United States Constitution contains a mechanism that enables the Vice President, with the support of a majority of the Cabinet, to temporarily relieve the President of the powers and duties of the Presidency. The provision has never been invoked, but was actively discussed by multiple Cabinet Secretaries in response to President Trump’s actions on January 6, 2021. News reports indicate that at least two Cabinet Secretaries—Secretary of State Mike Pompeo and Treasury Secretary Steve Mnuchin—tabled these discussions in part due to uncertainties about how to operationalize the Amendment. Specifically, the Secretaries were concerned that the …

Enhancing Rural Representation Through Electoral System Diversity, Henry L. Chambers Jr.

University of Richmond Law Review

Rural Virginians face disparities in outcomes regarding healthcare, access to important infrastructure, and other services. Some disparities may be related to rurality. The sparseness of population in rural areas may limit the sites where people may access services, triggering the need to travel significant distances to obtain goods and services in such areas. Limited access may lead to disparities even when the quality of goods and services in rural areas is high. The disparities affect all rural Virginians, but disproportionately affect rural Virginians of color. The causes of the disparities are complex and myriad, and may be based on race, …

Readying Virginia For Redistricting After A Decade Of Election Law Upheaval, Henry L. Chambers Jr.

University of Richmond Law Review

Until Virginians approved Constitutional Amendment 1 in November 2020, the Virginia Constitution required the General Assembly redraw Virginia’s state legislative and congressional electoral districts every ten years in the wake of the national census.1 Redistricting culminated in the adoption of legislation redefining those districts. If the redistricting process had worked as intended after the 2010 census, electoral districts would have been redrawn and adopted by the General Assembly in 2011, approved by the Governor, and used for the ensuing decade. The redistricting process did not work as the Virginia Constitution contemplated. The General Assembly redrew, and the Governor approved, state …

The State Attorney General’S Duty To Advise As A Source Of Law, Winthrop Jordan

University of Richmond Law Review

This Comment seeks to help fill that gap by considering how a state attorney general’s duty to advise functions as a source of law, by proposing six general models of how the opinions of a state attorney general can alter the legal rights, duties, and relations of persons. In doing so, this Comment still seeks to acknowledge and respect the fact that each state’s individual constitution and traditions will create a unique role for its attorney general’s duty to advise in shaping state law.

The Political Process Of Preemption, Paul A. Diller

University of Richmond Law Review

Preemption, particularly of the state-city variety, has become a hot topic. State legislatures in many states over the last decade have preempted a wide swath of areas in which cities and counties were previously free to govern. In addition to the sweeping nature and frequency of preemption, the increasingly aggressive methods of enforcing preemption have drawn notice. The threat of fiscal penalties, removal of local officials from office, and even criminal sanctions constitute what one scholar has dubbed the phenomenon of “hyper preemption.”

The Downfall Of "Incumbent Protection": Case Study And Implications, Jeffrey R. Adams, Lucas I. Pangle

University of Richmond Law Review

On January 9, 2019, the United States Court of Appeals for the Fourth Circuit struck down Virginia Code section 24.2-509— Virginia’s long-standing “Incumbent Protection Act” (or the “Act”). The Incumbent Protection Act was the only statute of its kind, and had endured criticism by grassroots commentators. Yet, the Incumbent Protection Act had long evaded scrutiny in the courtroom. Indeed, the Incumbent Protection Act’s courtroom history is labyrinthine, replete with interesting and significant commentaries on party rights, standing, and public policy preference for primaries. In fact, before its eventual demise, it had been implicated in several lawsuits bringing constitutional challenges to …

Closed Meetings Under Foia Turn Fifty: The Old, The New, And What To Do, Tyler C. Southall

University of Richmond Law Review

No abstract provided.

Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields

University of Richmond Law Review

No abstract provided.

Howell V. Mcauliffe, L. Michael Berman

University of Richmond Law Review

No abstract provided.

Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo

University of Richmond Law Review

No abstract provided.

From Mainstreaming To Marginalization?--Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

University of Richmond Law Review

Part I of this comment provides an overview of IDEA provisions and implementation regulations followed by a review of judicial interpretations in landmark IDEA service delivery cases, specifically the Supreme Court's Rowley ruling. Drawing upon both le-gal and educational scholarship, this analysis then assesses how IDEA's aspirational equality goals ultimately devolved into de facto segregation in special education. Part II considers factors resulting from the Supreme Court's tuition reimbursement rulings that trend away from IDEA's original equality purpose and integration preference to compromise equality in four ways: creating a means-based bias in private school placement; undermining IDEA's cooperative paradigm and …

A New Proposal To Address Local Voting Discrimination, Cody Gray

University of Richmond Law Review

No abstract provided.

Election Law And Government Ethics, Christopher R. Nolen, Jeffrey S. Palmore

University of Richmond Law Review

This article surveys developments in Virginia election and government ethics laws for 2014 and 2015, with an emphasis on legislative developments. The focus is on those statutory developments thathave significance or general applicability to the implementation of Virginia's election and ethics laws.

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

University of Richmond Law Review

No abstract provided.

Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts

University of Richmond Law Review

No abstract provided.

Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner

University of Richmond Law Review

No abstract provided.

A Half-Century Of Virginia Redistricting Battles: Shifting From Rural Malapportionment To Voting Rights To Public Participation, Micah Altman, Michael P. Mcdonald

University of Richmond Law Review

No abstract provided.

The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson

University of Richmond Law Review

No abstract provided.

The Right Choice For Elections: How Choice Voting Will End Gerrymandering And Expand Minority Voting Rights, From City Councils To Congress, Rob Richie, Andrew Spencer

University of Richmond Law Review

No abstract provided.

Discouraging Election Contests, Joshua A. Douglas

University of Richmond Law Review

This essay proceeds in three sections. Section I lays the founda- tion for why our system encourages-or at least does not dis-suade-the filing of post-election contests in close races. Section

II posits that election contests are often bad for our democracy, explaining why post-election litigation might harm the ideals of finality, certainty, and legitimacy in the election process. SectionIII sets out three structural reforms that might make losing candidates think twice before initiating an election contest. Ultimately, the goal of this essay is to promote a broader discussion of the propriety of post-election litigation and what we can do to …

Minority Vote Dilution In The Age Of Obama, Dale Ho

University of Richmond Law Review

No abstract provided.

Election Law, Christopher R. Nolen, Jeff Palmore

University of Richmond Law Review

Other than a few controversial measures, the 2012 Virginia General Assembly made modest changes to Virginia's laws re-garding the administration and conduct of elections. Most activity in this arena concerned issues that had significant federal election implications: specifically, the adoption of changes to strengthen Virginia's existing voter identification law and the enactment of a congressional redistricting plan. This article surveys developments in Virginia election law for the latter part of 2011and the 2012 General Assembly session. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related …

Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin

University of Richmond Law Review

No abstract provided.

Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore

University of Richmond Law Review

The last two years have produced modest "tweaks" to Virginia'selection laws. Most notably, 2011 ushered in the decennial tradition of reapportionment and redistricting. This article surveys developments in Virginia election law for 2010 and 2011 and focuses on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related bill approved bythe General Assembly is discussed.

Election Law, Christopher R. Nolen

University of Richmond Law Review

No abstract provided.

Reconsidering Virginia Judicial Selection, Carl W. Tobias

University of Richmond Law Review

No abstract provided.

Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles

University of Richmond Law Review

No abstract provided.

Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour

University of Richmond Law Review

No abstract provided.

Election Law, Christopher R. Nolen

University of Richmond Law Review

Advances in Virginia's election law happen incrementally. This year was typical in that regard. While over one hundred bills and resolutions pertaining to elections were introduced in the 2006 Regular Session of the General Assembly, the legislature was judicious in its approval of election related legislation. This article surveys recent developments in Virginia's election laws by focusing on those legislative enactments and judicial decisions that are significant, interesting, or show some developing trend in the area of election law.

Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton

University of Richmond Law Review

No abstract provided.