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Articles 1 - 9 of 9

Full-Text Articles in Law

The Aftermath Of Baker V. Carr—An Adventure In Judicial Experimentation, James B. Atleson Aug 1963

The Aftermath Of Baker V. Carr—An Adventure In Judicial Experimentation, James B. Atleson

Journal Articles

No abstract provided.


Some Current Thinking On Voting Rights, Michigan Law Review Feb 1963

Some Current Thinking On Voting Rights, Michigan Law Review

Michigan Law Review

This issue of the Review is devoted to a consideration of certain selected problems of present interest in the area of voting rights.


Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay Feb 1963

Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay

Michigan Law Review

If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.


The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne Feb 1963

The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Michigan Law Review

The nature of American national government has undergone a profound metamorphosis, moving from the near oligarchy which characterized the system as established in 1789 to the imperfectly representative government which it is today. At the time the Constitution was ratified, all restrictions then imposed by the several states on the right to vote for state and federal electors were preserved. These various limitations on the franchise restricted the active body politic to approximately four percent of the total population. Disfranchisement applied then, as now, to those under twenty-one, to those lacking sufficient residence in a given community, to the insane, …


Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser Feb 1963

Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser

Michigan Law Review

It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.


Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas Feb 1963

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.


Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson Jan 1963

Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson

Law Faculty Scholarly Articles

In its continuing role as guardian of citizens’ constitutional rights, the Supreme Court in Baker v. Carr unlocked widespread concern for equal representation in state legislatures. Having been suppressed for two decades in which an amazing shift of population has occurred, the question of reapportionment and what to do about it had become one of great importance. In November, 1960, apportionments of 30 state legislatures had been challenged in state and federal courts. In addition, ten cases of an electoral character are presently on the docket of the Supreme Court of the United States.

Apart from the legal implications and …


Legislative Reapportionment--The Kentucky Legal Context, Robert G. Lawson Jan 1963

Legislative Reapportionment--The Kentucky Legal Context, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel Jan 1963

Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel

Articles

Of the many problems left unanswered in Baker v. Carr,' the one that has received the most attention both from lower courts and commentators is that of prescribing a specific standard for determining what constitutes a denial of "equal protection" in legislative apportionment.2 The starting point universally accepted - indeed, probably required by Baker - for attacking this problem is the definition of apportionment equality in terms of mathematical measurement of the individual's "voting power."3 Perfect equality in apportionment is viewed as requiring that each election district contain an equal population, so that every individual's vote in his district will …