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Full-Text Articles in Law

The False Promise Of One Person, One Vote, Grant M. Hayden Nov 2003

The False Promise Of One Person, One Vote, Grant M. Hayden

Michigan Law Review

It has now been four decades since the Supreme Court stepped into the political thicket with its groundbreaking series of reapportionment cases. Those cases rather quickly brought about radical changes in the structure of our national, state, and local governments and, in so doing, reshaped the political landscape of the country in many, mostly beneficial, ways. The reapportionment cases also signaled the beginning of a revolution in the way we view the rights associated with meaningful participation in a democratic society, a revolution that continues to this day. We now enjoy a right to vote that is much more comprehensive …


Republican Party Of Minnesota V. White: The End Of Judicial Election Reform, Lindsay E. Lippman Oct 2003

Republican Party Of Minnesota V. White: The End Of Judicial Election Reform, Lindsay E. Lippman

Cornell Journal of Law and Public Policy

No abstract provided.


Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard Oct 2003

Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard

University of Arkansas at Little Rock Law Review

No abstract provided.


Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer May 2003

Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer

University of Richmond Law Review

No abstract provided.


Response To Voting With Dollars: A New Paradigm For Campaign Finance, Fred Wertheimer, Alexandra T.V. Edsall May 2003

Response To Voting With Dollars: A New Paradigm For Campaign Finance, Fred Wertheimer, Alexandra T.V. Edsall

University of Richmond Law Review

No abstract provided.


Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain May 2003

Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain

University of Richmond Law Review

No abstract provided.


Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber May 2003

Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber

University of Richmond Law Review

No abstract provided.


Why A New Paradigm?, Bruce Ackerman, Ian Ayres May 2003

Why A New Paradigm?, Bruce Ackerman, Ian Ayres

University of Richmond Law Review

No abstract provided.


Hybridizing Citizenship, Kathryn Abrams May 2003

Hybridizing Citizenship, Kathryn Abrams

University of Richmond Law Review

No abstract provided.


Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan May 2003

Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan

University of Richmond Law Review

No abstract provided.


Voting With Cues, Elizabeth Garrett May 2003

Voting With Cues, Elizabeth Garrett

University of Richmond Law Review

No abstract provided.


The Absentee Ballot And The Secret Ballot: Challenges For Election Reform, John C. Fortier, Norman J. Ornstein Apr 2003

The Absentee Ballot And The Secret Ballot: Challenges For Election Reform, John C. Fortier, Norman J. Ornstein

University of Michigan Journal of Law Reform

Reforms in the recently enacted federal election reform legislation primarily address improving voting at a polling place, but there is a growing share of the electorate who vote away from the polling place through increased use of absentee ballots and vote-by-mail systems. Voters who vote away from the polling place do not have the same protections as those at the polling place. In particular, these voters do not have a secret ballot, as any ballot cast without a drawn curtain behind oneself is potentially subject to coercion, vote buying and fraud.

This Article looks at the tension between the Australian …


Barriers To Participation, Trevor Potter, Marianne H. Viray Apr 2003

Barriers To Participation, Trevor Potter, Marianne H. Viray

University of Michigan Journal of Law Reform

Despite the nation's founding commitment to participatory democracy, many barriers to candidate and public participation in the electoral process are damaging the public's confidence that our elections are fair and open to full participation by candidates and voters.

The nominating processes created by the two major parties mainly serve the goals of party "insiders" and the more politically extreme factions, at the expense of competition and public confidence in the two-party system. At the same time, barriers to minor party and independent candidates-closed primaries, excessive early-voter registration requirements and complicated state primary and general ballot access requirements-operate to foreclose the …


Voter Education: The Key To Election Reform Success Lessons From Florida, Susan A. Macmanus Apr 2003

Voter Education: The Key To Election Reform Success Lessons From Florida, Susan A. Macmanus

University of Michigan Journal of Law Reform

Over a dozen national task forces and commissions have analyzed the 2000 presidential election and concluded that electoral system reforms are imperative not just in Florida, but nationwide. Among the common recommendations are elimination of punch card ballots, enhancement of registration procedures and outreach, provision of more accurate voter lists, clear delineation of appeals processes, establishment of voter rights and responsibilities, clarification of recount rules and procedures, securing of accessible polling places, better facilitation of voting and proper counting of absentee ballots, and ensuring provisional ballots available at each precinct. For these reforms to be most effective, the reports say, …


Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael Hayes Jan 2003

Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael Hayes

All Faculty Scholarship

Unions exist to provide assistance to employees; this is their reason for being. Yet once a union begins a campaign to represent a group of employees, it is legally barred from extending tangible assistance to the workers. The National Labor Relations Board ("NLRB" or the "Board") and courts deem a union grant of benefits to employees during or prior to a representation campaign objectionable conduct that requires setting aside the results of the representation election and holding another election.

This article's proposal to open the door to unconditional union benefits during an organizing campaign will likely be controversial. Part of …


International Standards And The 2002 Presidential Election In Zimbabwe, Gabriel Shumba Jan 2003

International Standards And The 2002 Presidential Election In Zimbabwe, Gabriel Shumba

ILSA Journal of International & Comparative Law

Zimbabwe held a crucial Presidential Election from the 9th to the March 11, 2002.


Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin Jan 2003

Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin

Faculty Scholarship

No abstract provided.


Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda Jan 2003

Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.


Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles Jan 2003

Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles

Faculty Scholarship

Reviewing, Bruce Ackerman & Ian Ayers, Voting with Dollars: A New Paradigm for Campaign Finance (2002)


Strategic Voting And African-Americans: True Vote, True Representation, True Power For The Black Community, Maxine Burkett Jan 2003

Strategic Voting And African-Americans: True Vote, True Representation, True Power For The Black Community, Maxine Burkett

Michigan Journal of Race and Law

As long as American politics remain securely bound to the two-party system, Blacks will remain a voting block; a block that may shift, but a block nonetheless. And although this appears to be to our strategic disadvantage, allowing conviction to direct us, as well as a deep respect for the intense struggle for the franchise, will forever be a noble posture.