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Full-Text Articles in Law
Democracy And Distortion, Guy-Uriel Charles
Democracy And Distortion, Guy-Uriel Charles
Faculty Scholarship
This Article contends that judicial supervision of excessive manipulation of electoral lines for partisan purposes - political gerrymandering - may be justified in a mature democracy. The Article responds to the debate among courts and commentators over whether political gerrymandering presents any constitutionally relevant harms and, further, whether courts may be able to resolve the structural issues presented by political gerrymandering claims. Drawing from political theory and political science, this Article develops a theory of institutional distortion and provides a justification for aggressive judicial review of questions of democratic governance. The Article does not argue that the United States Supreme …
Where Have All The Parties Gone? Fraenkel And Grofman On The Alternative Vote - Yet Again, Donald L. Horowitz
Where Have All The Parties Gone? Fraenkel And Grofman On The Alternative Vote - Yet Again, Donald L. Horowitz
Faculty Scholarship
The alternative vote (AV) is a preferential electoral system that tends to reward political moderation and compromise. Fraenkel and Grofman have repeatedly attempted to show that AV is not conducive to inter-ethnic moderation in severely divided societies. In this response to their latest attempt,the author points out that neither political party coordination of the vote nor strategic voting plays any part in their analysis. In contrast, he explains how moderate parties of one ethnic group are able to induce their supporters to cast ballots for moderate parties supported by voters of another ethnic group. Prof. Horowitz also explains why the …
A System Of Wholesale Denial Of Rights, Michael E. Tigar
A System Of Wholesale Denial Of Rights, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Mandatory Constitutions, Paul D. Carrington