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Full-Text Articles in Law
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
Pace Law Review
No abstract provided.
Missouri Photo-Id Requirement For Voting: Ensuring Both Access And Integrity, The, Evan D. Montgomery
Missouri Photo-Id Requirement For Voting: Ensuring Both Access And Integrity, The, Evan D. Montgomery
Missouri Law Review
This law summary will look at Missouri's short-lived Photo ID requirement which was struck down by the Missouri Supreme Court in Weinschenk v. Missouri, as well as two similar measures that were the subject of litigation in federal courts in Georgia and Indiana. Each of these cases employs a test that represents a balance between a Democratic focus on access and a Republican focus on integrity.
Voter Identification, Spencer Overton
Voter Identification, Spencer Overton
Michigan Law Review
In the wake of closely contested elections, calls for laws that require voters to present photo identification as a condition to cast a ballot have become pervasive. Advocates tend to rely on two rhetorical devices: (1) anecdotes about a couple of elections tainted by voter fraud; and (2) "common sense" arguments that voters should produce photo identification because identification is required to board airplanes, buy alcohol, and engage in other activities. This Article explains the analytical shortcomings of anecdote, analogy, and intuition, and applies a cost-benefit approach generally overlooked in election law scholarship. Rather than rushing to impose a photo-identification …
The Power Of Observation: The Role Of Federal Observers Under The Voting Rights Act, James Thomas Tucker
The Power Of Observation: The Role Of Federal Observers Under The Voting Rights Act, James Thomas Tucker
Michigan Journal of Race and Law
The Voting Rights Act of 1965 (VRA) is one of the most successful civil rights laws ever enacted. Following its passage, the promise of the Fifteenth Amendment has become a reality for millions of Americans. Black voters in the South register to vote without being subjected to discriminatory tests or devices. Minority citizens can cast ballots free of intimidation and violence. Barriers posed by English-only elections have been removed for many language minority voters. Voters are permitted to receive assistance from the person of their choice. Federal observers play an indispensable role in serving as the eyes and ears of …
The Politics Of Preclearance, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
The Politics Of Preclearance, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Michigan Journal of Race and Law
This Essay examines recent charges of political motivation against the Department of Justice and its enforcement of the Voting Rights Act. These accusations appear well-deserved, on the strength of the Department's recent handling of the Texas redistricting submission and Georgia's voting identification requirement. This Essay reaches two conclusions. First, it is clear that Congress wished to secure its understanding of the Act into the future through its preclearance requirement. Many critics of the voting rights bill worried about the degree of discretion that the legislation accorded the Attorney General. Supporters worried as well, for this degree of discretion might lead …
Keynote Speech, Mark Crispin Miller
Keynote Speech, Mark Crispin Miller
Seattle University Law Review
Corporations tend to work against immediate contact. They tend to discourage familial bonds and popular interaction. They are allergic to democracy. Because corporations are usually in the business of selling deviations of various kinds, they tend to want a world in which each one of us is completely walled off in a portable, wonderful land of communication technology. Corporations want a world where everything is done for us. A world where everything is presented to us through a corporate medium, so that what once looked like satire is now commonly represented as an admirable ideal. To that end, I am …
Curbing Shareholder Voting Groups With A New Philosophy For Washington's Business Corporation Act, Tilman Larson
Curbing Shareholder Voting Groups With A New Philosophy For Washington's Business Corporation Act, Tilman Larson
Seattle University Law Review
This Comment explores Washington's changing philosophy of shareholder voting and how the current developments to Washington's corporate law have impacted shareholder voting group rights. In light of Washington's corporate law history, the underlying reasons for the amendments, and case law, this Comment argues that the recent amendments have altered, rather than preserved, what has been historically the true philosophy underlying Washington corporate law: minority shareholder rights. Part II of this Comment tracks the evolution of voting group rights through past Washington law and until the present Washington Business Corporation Act. Part III discusses the underlying reasons for the amendments, addresses …
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 …