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Full-Text Articles in Law
Refining The Democracy Canon, Christopher Elmendorf
Refining The Democracy Canon, Christopher Elmendorf
Christopher S. Elmendorf
This Essay responds to Professor Rick Hasen’s forthcoming article, The Democracy Canon. Hasen identifies an intriguing and until now largely unnoticed practice in many state courts--to wit, the construing of election statutes with a strong thumb-on-the-scales in favor of easing voters' access to the polls and of rendering ballots eligible to be counted. Hasen defends this “pro voter” canon of interpretation and commends it to the federal courts. I argue that Hasen’s Canon cannot stand on the normative foundation he has poured for it, and that the federal courts’ adoption of the Canon would probably have significant costs (for example, …
Bentham & Ballots: Tradeoffs Between Secrecy And Accountability In How We Vote, Allison Hayward
Bentham & Ballots: Tradeoffs Between Secrecy And Accountability In How We Vote, Allison Hayward
Allison Hayward
The way a group, jurisdiction, or nation votes, and makes decisions binding on their members and citizens, is fundamental and deceptively prosaic. Why do some groups (faculties, Congress, caucuses, HOAs) take public votes in most contexts, accompanied by debate, sometimes heated. Why do others (electorates, labor unions) take private votes (often by ballot cast in a secure setting where “heated debate” is not allowed) in most contexts? Moreover, what should we make of the exceptions to these general forms? This Article will demonstrate that the hybrid mode of voting – non-debated yet non-secret voting such as in contemporary absentee balloting, …
E-Voting And Forensics: Prying Open The Black Box, Candice Hoke, Matt Bishop, Mark Graff, Sean Peisert, David Jefferson
E-Voting And Forensics: Prying Open The Black Box, Candice Hoke, Matt Bishop, Mark Graff, Sean Peisert, David Jefferson
S. Candice Hoke
Over the past six years, the nation has moved rapidly from punch cards and levers to electronic voting systems. These new systems have occasionally presented election officials with puzzling technical irregularities. The national experience has included unexpected and unexplained incidents in each phase of the election process: preparations, balloting, tabulation, and reporting results. Quick technical or managerial assessment can often identify the cause of the problem, leading to a simple and effective solution. But other times, the cause and scope of anomalies cannot be determined. In this paper, we describe the application of a model of forensics to the types …
The Way To Save Card Check, Michael J. Goldberg
The Way To Save Card Check, Michael J. Goldberg
Michael J Goldberg
No abstract provided.
Editorial, Voters Need To Realize Importance Of Selecting Judges, Randy Lee
Editorial, Voters Need To Realize Importance Of Selecting Judges, Randy Lee
Randy Lee
No abstract provided.
Divided We Fall: Religion, Politics, And The Lemon Entanglements Prong, Stephen M. Feldman
Divided We Fall: Religion, Politics, And The Lemon Entanglements Prong, Stephen M. Feldman
Stephen M. Feldman
The 2008 campaign for the presidency should remind Americans that mixing religion and politics can be dangerous. Polls show that more than half of American voters would hesitate to support a Mormon candidate. In terms of Establishment Clause doctrine, the entanglements prong of the Lemon test provides a mechanism for protecting political equality by ensuring against religiously-inspired political divisiveness. Yet, in recent years, numerous scholars and Supreme Court Justices have attacked the entanglements prong. Indeed, the Court has poked so many holes in the entanglements inquiry that it may no longer exist. This Article defends the political-divisiveness component of the …