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Full-Text Articles in Law

Political Apportioning Is Not A Zero-Sum Game: The Constitutional Necessity Of Apportioning Districts To Be Equal In Terms Of Both Total Population And Citizen Voter-Age Population, Timothy Mark Mitrovich Oct 2002

Political Apportioning Is Not A Zero-Sum Game: The Constitutional Necessity Of Apportioning Districts To Be Equal In Terms Of Both Total Population And Citizen Voter-Age Population, Timothy Mark Mitrovich

Washington Law Review

After each census, state legislatures must redraw voting districts for state and local elections. Each state legislature must perform this redistricting in a way that protects two important citizen rights. First, each citizen's vote must carry equal weight. Second, each citizen must have equal access to his or her representative. To this end, the U.S. Supreme Court has held that all state and local electoral apportionments must result in districts with equal populations. In Reynolds v. Sims, the Court held that the Fourteenth Amendment requires all state and local electoral apportionments to result in districts with equal populations. However, …


Insubstantial Questions And Federal Jurisdiction: A Footnote To The Term-Limits Debate, Jonathan L. Entin Sep 2002

Insubstantial Questions And Federal Jurisdiction: A Footnote To The Term-Limits Debate, Jonathan L. Entin

Nevada Law Journal

No abstract provided.


Election Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Election Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson Feb 2002

Congressional Power Over Presidential Elections: Lessons From The Past And Reforms For The Future, Dan T. Coenen, Edward J. Larson

William & Mary Law Review

No abstract provided.


Redefining American Democracy: Do Alternative Voting Systems Capture The True Meaning Of "Representation"?, James Thomas Tucker Jan 2002

Redefining American Democracy: Do Alternative Voting Systems Capture The True Meaning Of "Representation"?, James Thomas Tucker

Michigan Journal of Race and Law

This Article explores whether alternative voting systems are compatible with the meaning of representation in the United States. Part II begins by examining the role of geographical representation and the effect it has on the ability of individuals and groups of voters to give or withhold their consent. Part III follows this inquiry by assessing the relationship between representatives and constituents under majoritarian and proportional systems to determine the consequences of moving away from geographical representation towards models designed to enhance opportunities for all voters to choose winning candidates. A description of what a "majority" is and when and how …


Reclaiming The Canvassing Board: Bush V. Gore And The Political Currency Of Local Government, Richard C. Schragger Jan 2002

Reclaiming The Canvassing Board: Bush V. Gore And The Political Currency Of Local Government, Richard C. Schragger

Buffalo Law Review

No abstract provided.


Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler Jan 2002

Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler

University of Richmond Law Review

Legislators in jurisdictions with even modest minority populations will find adopting a challenge-resistant redistricting plan to be more difficult than ever before. The problem is how much consideration to give to race. Too little consideration may produce a plan subject to challenge under the Voting Rights Act (the "Act"). Too much consideration may produce a plan subject to challenge on constitutional grounds.


E-Pluribus Unum?: The Problem Of Anonymous Election-Related Communications On The Internet, Paul A. Werner, Iii Jan 2002

E-Pluribus Unum?: The Problem Of Anonymous Election-Related Communications On The Internet, Paul A. Werner, Iii

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses an aspect of this fundamental question in the context of one provision of the FECA. The FECA's identification requirement, section 441d, prohibits anonymous communications via mass media when any person makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of clearly identified candidates. The mass media included are broadcast, print, direct mail, outdoor advertising facilities, and any other general public political advertising. Communications triggering this provision must contain clear information identifying who paid for and who authorized them. The statute delineates three possible required disclosures: (1) that the communication has been …


The Contested Right To Vote, Richard Briffault Jan 2002

The Contested Right To Vote, Richard Briffault

Michigan Law Review

For those who believe the United States is a representative democracy with a government elected by the people, the events of late 2000 must have been more than a little disconcerting. In the election for our most important public office - our only truly national office - the candidate who received the most popular votes was declared the loser while his second place opponent, who had received some 540,000 fewer votes, was the winner. This result turned on the outcome in Florida, where approximately 150,000 ballots cast were found not to contain valid votes. Further, due to flaws in ballot …