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2012

Election law

Articles 1 - 18 of 18

Full-Text Articles in Law

The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt Nov 2012

The Death Of The Voting Rights Act Or An Exercise In Geometry?--Shaw V. Reno Provides More Questions Than Answers, Michael J. Moffatt

Pepperdine Law Review

No abstract provided.


Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson, Sean Simpson Nov 2012

Could The Best Of Tightrope Walkers Manage To Walk The Line Between Race-Consciousness And Race-Predominance? An Analysis Of Race-Based Districting In Light Of Miller V. Johnson, Sean Simpson

Pepperdine Law Review

No abstract provided.


The Real Error In Citizens United, Joanna M. Meyer Sep 2012

The Real Error In Citizens United, Joanna M. Meyer

Washington and Lee Law Review

No abstract provided.


Elections Across The Pond: Comparing Campaign Finance Regimes In The United States And The United Kingdom, Kathleen Hunker Jul 2012

Elections Across The Pond: Comparing Campaign Finance Regimes In The United States And The United Kingdom, Kathleen Hunker

Kathleen Hunker

The article examines campaign finance regulations in two distinct political systems, the United States and the United Kingdom, and fleshes out how ‘constitutionalism’ — defined as the commitment to institutional arrangements that limit government authority — affects public efforts to curtail money in elections. Specifically, it looks at how the constitutional arrangements of the United States and the United Kingdom either facilitate or frustrate the ability of public bodies to enact prevailing public opinions on whether the nation’s underlying principles favor unrestrained political liberty or a level of political equality beyond the simple contours of one-man-one-vote. Moreover, the article compares …


Bringing Mindfulness Into The Classroom: A Personal Journey, Richard C. Reuben May 2012

Bringing Mindfulness Into The Classroom: A Personal Journey, Richard C. Reuben

Journal of Legal Education

No abstract provided.


Enlivening Election Law, Joshua A. Douglas Apr 2012

Enlivening Election Law, Joshua A. Douglas

Law Faculty Scholarly Articles

Election law cases are often lengthy and include complex discussion of constitutional doctrines. Moreover, there is rarely a clear-cut answer to a tricky election law question. The field is full of balancing tests, competing interests to weigh, and ever-shifting standards. A challenge for Election Law teachers, then, is to ensure that the long judicial opinions and difficult constitutional doctrines undergirding the field of election law do not bury the vibrancy of the topic. One way to keep an Election Law course student-friendly is to make frequent use of electronic media. Election law is well-suited to the adoption of images, videos, …


Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts Mar 2012

Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts

Pepperdine Law Review

No abstract provided.


Circumventing The Electoral College: Why The National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under The Compact Clause, Michael Brody Mar 2012

Circumventing The Electoral College: Why The National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under The Compact Clause, Michael Brody

Michael Brody

The National Popular Vote Interstate Compact (NPVC) presents an emerging legal issue that straddles the line between political science and law. The NPVC is an interstate compact in which member states will allocate all of their electoral votes to the winner of the national vote, as opposed to the traditional state vote. The bill would not be effective until states possessing a majority of the nation's electoral votes (270) have become members. If enacted by enough states, the NPVC would all but put an end to the Electoral College, and the United States would essentially move to a direct national …


Politicians As Fiduciaries, D. Theodore Rave Mar 2012

Politicians As Fiduciaries, D. Theodore Rave

Teddy Rave

When incumbent legislators draw the districts from which they are elected, the conflict of interest is glaring: they can and do gerrymander district lines to entrench themselves. Despite recognizing that such incumbent self-dealing works a democratic harm, the Supreme Court has not figured out what to do with political gerrymandering claims, which inherently require first-order decisions about the allocation of raw political power—decision that courts are institutionally ill-suited to make. But the same type of agency problem arises all the time in corporate law. And though we do not think courts are any better at making business decisions than political …


The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen Feb 2012

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

Mark D. Rosen

Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …


Regulating From Typewriters In An Internet Age: The Development & Regulation Of Mass Media Usage In Presidential Campaigns, Anthony J. King Jan 2012

Regulating From Typewriters In An Internet Age: The Development & Regulation Of Mass Media Usage In Presidential Campaigns, Anthony J. King

Anthony J. King

The American election process has become a misleading process of campaign promises and self-promotion, thus diluting its primary and most fundamental purpose. This discrepancy can be traced to three primary groups; (1) the candidates, who supplied the motive; (2) the mass media, who supplied the means; and (3) the electorate, who so far have allowed it to happen. Seeking to remedy the situation lawmakers have turned to regulations of the media in attempt to assure fairness and nurture the marketplace of ideas. These numerous attempts at fairness have been met with a mixed reception and mixed results leading to questions …


The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen Jan 2012

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

All Faculty Scholarship

Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …


Election Law As Applied Democratic Theory, James A. Gardner Jan 2012

Election Law As Applied Democratic Theory, James A. Gardner

Journal Articles

Democracy does not implement itself; a society’s commitment to govern itself democratically can be effectuated only through law. Yet as soon as law appears on the scene significant choices must be made concerning the legal structure of democratic institutions. The heart of the study of election law is thus the examination of the choices that our laws make in seeking to structure a workable system of democratic self-rule. In this essay, written for a symposium on Teaching Election Law, I describe how my Election Law course and materials focus on questions of choice in institutional design by emphasizing election law’s …


Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas Jan 2012

Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …


Invisible Federalism And The Electoral College, Derek Muller Dec 2011

Invisible Federalism And The Electoral College, Derek Muller

Derek T. Muller

What role do States have when the Electoral College disappears? With the enactment of the National Popular Vote on the horizon and an imminent presidential election in which a nationwide popular vote determines the winner, States would continue to do what they have done for hundreds of years — administer elections. The Constitution empowers States to decide who votes for president, and States choose who qualifies to vote based on factors like age or felon status. This power of States, a kind of “invisible federalism,” is all but ignored in Electoral College reform efforts. In fact, the power of the …


The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen Dec 2011

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

Mark D. Rosen

Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …


Two Cheers For Instant Runoff Voting, Michael E. Lewyn Dec 2011

Two Cheers For Instant Runoff Voting, Michael E. Lewyn

Michael E Lewyn

In multicandidate elections, an unpopular candidate can often win with a minority of the vote if his or her opponents split their votes among several candidates. To solve this problem, some commentators have endorsed instant runoff voting (IRV). Under IRV, voters rank their choices, and the choices of the weaker candidates would be distributed among the leaders. As a result, a candidate who has a plurality of votes but is opposed by the majority of the electorate would be less likely to prevail. Most law-related scholarship on IRV has either strongly endorsed or strongly opposed IRV. This article, by contrast, …


The Natural And The Familiar In Politics And Law, Michael R. Dimino Dec 2011

The Natural And The Familiar In Politics And Law, Michael R. Dimino

Michael R Dimino

The most direct influence on my style as a teacher was my experience as a law student. In my last semester, I took the course on the Law of Democracy and was forever smitten with the subject. I had already been interested in politics and constitutional law, so it was not surprising that I would enjoy a subject that combined them. But the class itself—the areas of the law that were covered and the way in which they were covered—showed me how
exciting law could be. Here was a subject that was crucial to every substantive area of law because …