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Articles 1 - 30 of 71
Full-Text Articles in Law
Incarcerated And Unrepresented: Prison-Based Gerrymandering And Why Evenwel’S Approval Of “Total Population” As A Population Base Shouldn’T Include Incarcerated Populations, Emily J. Heltzel
William & Mary Bill of Rights Journal
No abstract provided.
Shareholder Proposal Settlements And The Private Ordering Of Public Elections, Sarah C. Haan
Shareholder Proposal Settlements And The Private Ordering Of Public Elections, Sarah C. Haan
Sarah Haan
Reform of campaign finance disclosure has stalled in Congress and at various federal agencies, but it is steadily unfolding in a firm-by-firm program of private ordering. Today, much of what is publicly known about how individual public companies spend money to influence federal, state, and local elections—and particularly what is known about corporate “dark money”—comes from disclosures that conform to privately negotiated contracts.
The primary mechanism for this new transparency is the settlement of the shareholder proposal, in which a shareholder trades its rights under SEC Rule 14a-8—and potentially the rights of other shareholders—for a privately negotiated social policy commitment …
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Michigan Law Review
This Article challenges the basic premise in the law of gerrymandering that partisanship is a constitutional government purpose at all. The central problem, Justice Scalia once explained in Vieth v. Jubilerer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated confidently as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against …
If Not A Commercial Republic? Political Economy In The United States After Citizens United, David A. Westbrook
If Not A Commercial Republic? Political Economy In The United States After Citizens United, David A. Westbrook
David A. Westbrook
In Citizens United v. Federal Election Commission , a majority of the Supreme Court conceived the United States to be an oligarchy and ruled accordingly. What this decision might come to mean for political economy in the United States is explored through three interrelated responses to the decision. In the first, Citizens United is a turning point for constitutional law scholarship, and by extension, for what is expected from our legal system. After Citizens United , legal scholars may abandon the idea that the Court takes legal argument seriously, and that law thereby constrains, as well as expresses, social privilege. …
Business Lobbying As An Informational Public Good: Can Tax Deductions For Lobbying Expenses Promote Transparency?, Michael Halberstam, Stuart G. Lazar
Business Lobbying As An Informational Public Good: Can Tax Deductions For Lobbying Expenses Promote Transparency?, Michael Halberstam, Stuart G. Lazar
Stuart Lazar
The view that “lobbying is essentially an informational activity” has persistently served the suggestion that lobbying provides a public good by educating legislators about policy and the consequences of legislation. In this article, we link a proposed tax reform with a substantive disclosure requirement to promote the kind of “information subsidy” that serves the public interest, while mitigating – at least to some extent – the distortion that may result from the imbalance of financial resources on the business side and other institutional contraints identified in the literature. We argue that corporate lobbying should be encouraged – by allowing business …
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Journal Articles
No abstract provided.
The Last Frontier Of Disenfranchisement: A Fundamental Right For Individuals With Cognitive Disabilities, Hillary May
The Last Frontier Of Disenfranchisement: A Fundamental Right For Individuals With Cognitive Disabilities, Hillary May
William & Mary Law Review
No abstract provided.
Howell V. Mcauliffe, L. Michael Berman
Howell V. Mcauliffe, L. Michael Berman
University of Richmond Law Review
No abstract provided.
Judging Law In Election Cases, Michael S. Kang, Joanna M. Shepherd
Judging Law In Election Cases, Michael S. Kang, Joanna M. Shepherd
Vanderbilt Law Review
How much does law matter in election cases where the partisan stakes are high? At first glance, election cases may seem the worst context for studying the influence of law on judicial decision making. Election cases, which decide the applicable rules for a given election, often determine election outcomes and therefore feature the highest political stakes in the balance. There is great temptation for judges to decide these cases in a partisan fashion to help their side. And we have found empirically in earlier work that judges do often appear influenced by partisanship in deciding these cases for their own …
Judicial Reform As A Tug Of War: How Ideological Differences Between Politicians And The Bar Explain Attempts At Judicial Reform, Adam Bonica, Maya Sen
Judicial Reform As A Tug Of War: How Ideological Differences Between Politicians And The Bar Explain Attempts At Judicial Reform, Adam Bonica, Maya Sen
Vanderbilt Law Review
What predicts attempts at judicial reform? We develop a broad, generalizable framework that both explains and predicts attempts at judicial reform. Specifically, we explore the political tug of war created by the polarization between the bar and political actors, in tandem with existing judicial selection mechanisms. The more liberal the bar and the more conservative political actors, the greater the incentive political actors will have to introduce ideology into judicial selection. (And, vice versa, the more conservative the bar and the more liberal political actors, the greater incentive political actors will have to introduce ideology into judicial selection.) Understanding this …
The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman
The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman
Pace Law Review
This article will focus on the judiciary reforms and access to justice—starting with reforms to the structure of the Unified Court System and discussing other ways that a constitutional convention might serve to improve the operation of the courts. The article will then explore the state’s deficiency in providing its low-income citizens access to justice in civil matters relating to housing, family safety and security, and subsistence income, and how a convention can highlight these issues.
Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie
Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie
Pace Law Review
The first task of constitutional reformers is to make the people of the state aware that they live under a constitution that, for better or worse, affects their everyday lives whether they live on in remotes sections of the Adirondacks routes in villages or a teeming megalopolis. Until this is done, the people are not likely to demand or even accept the more thoroughgoing revision so badly needed in New York.
The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin
The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin
Pace Law Review
The amending clause is the nineteenth of the New York State Constitution’s twenty articles. Followed only by the enacting clause, for all intents and purposes this is the document’s final word. Well, maybe not the final word. An alternative is to think of this amending clause as a part of an ongoing several-centuries-long conversation. The clause is a message from one past group of designers and drafters of New York’s governing system, the 1846 Constitutional Convention majority, to all of us who gave them the charge to “secure [for us] the blessings of freedom,” that is to “we the people” …
Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky
Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky
Aviva Abramovsky
Although it has long been in vogue to discredit the judiciary, it remains the most trusted of the three branches of government. However, empirical evidence supports the idea that judicial campaign donations affect judicial decision making. The reality of political campaigns under Citizens United has the potential to further undermine the public perception of judges and to enhance the potential for corruption of the judiciary.
Singapore’S First Reserved Presidential Election: More Haste, Less Speed, And A Missed Opportunity?, Tan K. B. Eugene
Singapore’S First Reserved Presidential Election: More Haste, Less Speed, And A Missed Opportunity?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
After much hype and anticipation that preceded it, Singapore’s sixth presidential election in September 2017 quickly reached an anti-climatic end when the Presidential Elections Committee in pre-qualifying three presidential hopefuls determined that only one person, Madam Halimah Yacob, was eligible to contest.
The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan
The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan
Sarah Haan
Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic reprisal” means …
Voter Primacy, Sarah C. Haan
Voter Primacy, Sarah C. Haan
Sarah Haan
This Article argues that Citizens United v. FEC expanded the audience for campaign finance disclosure to include a group that had never before been held relevant to campaign finance disclosure—corporate shareholders—and explores the constitutional, policy, and political consequences of this change. In part IV of Citizens United, the U.S. Supreme Court departed from more than thirty years of campaign finance disclosure analysis to treat corporate shareholders as a target audience for corporate electoral spending disclosure, holding that the governmental interest advanced by campaign finance disclosure laws includes an interest in helping corporate shareholders “determine whether their corporation’s political speech advances …
Section 6: Election Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Election Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski
Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski
Marquette Law Review
After an extremely partisan gerrymander in 2011, Wisconsin needs redistricting reform in order to eliminate partisan politics from the process. Now more than ever, momentum for change has reached its peak: the Wisconsin legislative maps as drawn in 2011 were ruled unconstitutional in Whitford v. Gill; the Supreme Court has recently ruled in favor of states implementing independent redistricting commissions; and nearly half of the states in the United States are beginning to use independent commissions for redistricting. This Comment proposes a unique approach for Wisconsin to adopt in order to curtail gerrymandering: the Wisconsin Impartial Citizens Redistricting Commission (WICRC). …
The Inaugural Abraham Lincoln Lecture On Constitutional Law: Electoral College Reform, Lincoln-Style, Akhil Reed Amar
The Inaugural Abraham Lincoln Lecture On Constitutional Law: Electoral College Reform, Lincoln-Style, Akhil Reed Amar
Northwestern University Law Review
This Inaugural Abraham Lincoln Lecture was delivered at Northwestern Pritzker School of Law on April 6, 2017.
How To Unlock The Voting Block: Oregon’S Sweeping Solution To Poor Voter Turnout: Automatic Registration, Gavin Rynard
How To Unlock The Voting Block: Oregon’S Sweeping Solution To Poor Voter Turnout: Automatic Registration, Gavin Rynard
University of Miami International and Comparative Law Review
No abstract provided.
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Arbitration Law Review
No abstract provided.
The Faithless Elector And 2016: Constitutional Uncertainty After The Election Of Donald Trump, Alexander Gouzoules
The Faithless Elector And 2016: Constitutional Uncertainty After The Election Of Donald Trump, Alexander Gouzoules
Faculty Publications
Presidential electors are generally expected to vote for the candidate who won their state's election, and those who do not are referred to as "faithless electors." A majority of states have laws of varying types that bind their electors to vote for the winning presidential candidate. The 2016 election, for the first time in modern history, produced a serious movement urging electors to cast faithless votes against Donald Trump. Although this movement was not successful, 2016 saw the most faithless electors in recent history by a large margin. Three separate, ultimately unsuccessful, lawsuits were filed by would-be faithless electors in …
Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson
Dilution Of The Black Vote: Revisiting The Oppressive Methods Of Voting Rights Restoration For Ex-Felons, Tara A. Jackson
University of Miami Race & Social Justice Law Review
No abstract provided.
The Right To Vote Under Local Law, Joshua A. Douglas
The Right To Vote Under Local Law, Joshua A. Douglas
Law Faculty Scholarly Articles
A complete analysis of the right to vote requires at least three levels of inquiry: the U.S. Constitution and federal law, state constitutions and state law, and local laws that confer voting rights for municipal elections. But most voting rights scholarship focuses on only federal or state law and omits any discussion of the third category. This Article—the first to explore in depth the local right to vote—completes the trilogy. Cities and towns across the country are expanding the right to vote in municipal elections to include sixteen- and seventeen-year-olds, noncitizens, nonresident property owners, and others. Berkeley, California, for example, …
Gerrymandering (Almost) Gone Wild: How The Supreme Court Saved Independent Redistricting Reform, Michael Woods
Gerrymandering (Almost) Gone Wild: How The Supreme Court Saved Independent Redistricting Reform, Michael Woods
Florida Law Review
Elections have consequences. In the 2010 U.S. midterm elections, the Republican Party made historic congressional gains. After the election, much political discourse focused on the incoming battle between the new Republican Congress and President Barack Obama. Yet the midterm results affected much more than the presidential agenda, as the Republican Party also achieved impressive state-level gains that resulted in control of many legislative chambers nationwide. These sweeping state-level gains did not affect policy alone. The Democratic Party—and the Republican Party in several “blue” states—paid a drastic price: the gerrymandered results of the 2010 decennial redistricting cycle.
As a partisan tool, …
No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand
No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand
Georgia Journal of International & Comparative Law
No abstract provided.
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
The Boundaries Of Partisan Gerrymandering, John M. Greabe
The Boundaries Of Partisan Gerrymandering, John M. Greabe
Law Faculty Scholarship
[Excerpt] “In my most recent column, I expressed concern about the effectiveness of the constitutional decision rules that currently govern gerrymandering – the redrawing of electoral districts in a manner that favors the incumbent majority at the expense of those out of power.
Briefly, the Constitution has not been interpreted to prohibit redistricting with an eye toward advancing the interests of the political party in power. But it has been interpreted to bar legislators from redistricting on racial grounds – at least in most circumstances.
The problem is that voters from certain racial groups tend to vote overwhelmingly for …
Electoral Choices, Ethnic Accommodations, And The Consolidation Of Coalitions: Critiquing The Runoff Clause Of The Afghan Constitution, Mohammad Bashir Mobasher
Electoral Choices, Ethnic Accommodations, And The Consolidation Of Coalitions: Critiquing The Runoff Clause Of The Afghan Constitution, Mohammad Bashir Mobasher
Washington International Law Journal
Article sixty-one of the Afghan Constitution requires a candidate to win an absolute majority of votes to become the president. This constitutional rule comprises a runoff clause, which prescribes a second round of elections between the two front-runners should no candidate win over 50% of the votes in the first round. While this article agrees with the majority view of Afghan scholars and politicians who see the runoff clause as instrumental to developing trans-ethnic coalitions and governments, it distinguishes between the formation of alliances and their consolidation. Ultimately, this article posits that the runoff clause actually impedes the long-term success …