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Full-Text Articles in Law

Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind Dec 2017

Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind

San Diego Law Review

[B]lockchain technology provides a cryptographically secure and transparent method for transferring “digital assets.” Although blockchain technology is most commonly recognized as the technology that underpins virtual currencies, such as Bitcoin, it may also hold the key to facilitating secure online elections in America. To preface the need for blockchain voting, Part II addresses the current problems with voting in the United States. Part III provides an elementary explanation of blockchain. Parts IV and V outline current election laws and explain how implementing blockchain voting would very likely comply with these laws. Transitioning to a new voting system, however, does not …


Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang Dec 2017

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 …


Howell V. Mcauliffe, L. Michael Berman Nov 2017

Howell V. Mcauliffe, L. Michael Berman

University of Richmond Law Review

No abstract provided.


How To Unlock The Voting Block: Oregon’S Sweeping Solution To Poor Voter Turnout: Automatic Registration, Gavin Rynard Aug 2017

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 Aug 2017

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review

No abstract provided.


Living With Judicial Elections, Raymond J. Mckoski Jul 2017

Living With Judicial Elections, Raymond J. Mckoski

University of Arkansas at Little Rock Law Review

No abstract provided.


Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo May 2017

Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo

University of Richmond Law Review

No abstract provided.


When Political Domination Becomes Racial Discrimination: Naacp V. Mccrory And The Inextricable Problem Of Race In Politics, Atiba R. Ellis Apr 2017

When Political Domination Becomes Racial Discrimination: Naacp V. Mccrory And The Inextricable Problem Of Race In Politics, Atiba R. Ellis

South Carolina Law Review

No abstract provided.


Judicial Selection In South Carolina: Is The Time Ripe For Systematic Restructuring And Improvement: You Be The Judge, Ronald T. Scott Apr 2017

Judicial Selection In South Carolina: Is The Time Ripe For Systematic Restructuring And Improvement: You Be The Judge, Ronald T. Scott

South Carolina Law Review

No abstract provided.


Dismantling The Unitary Electoral System? Uncooperative Federalism In State And Local Elections, Michael T. Morley Feb 2017

Dismantling The Unitary Electoral System? Uncooperative Federalism In State And Local Elections, Michael T. Morley

Scholarly Publications

No abstract provided.


Trending @ Rwu Law: David Logan's Post: Reliving The Civil Rights Movement With Rep. John Lewis 1-17-2017, David Logan Jan 2017

Trending @ Rwu Law: David Logan's Post: Reliving The Civil Rights Movement With Rep. John Lewis 1-17-2017, David Logan

Law School Blogs

No abstract provided.


Domicile, Student Voters And The Constitution, John M. Greabe Jan 2017

Domicile, Student Voters And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The wisdom of using the Electoral College to choose our president is a hot topic. For the second time in 16 years (and the fifth time in our history), the "winner" of the national popular vote lost the presidential election in the Electoral College. To many, this "undemocratic" outcome seems wrong."


Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias Jan 2017

Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias

Journal of Law and Policy

Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …


Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias Jan 2017

Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias

Journal of Law and Policy

Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …


Voice And Exit As Accountability Mechanisms: Can Foot-Voting Be Made Safe For The Chinese Communist Party?, Roderick M. Hills Jr., Shitong Qiao Jan 2017

Voice And Exit As Accountability Mechanisms: Can Foot-Voting Be Made Safe For The Chinese Communist Party?, Roderick M. Hills Jr., Shitong Qiao

Faculty Scholarship

According to Albert 0. Hirschman's famous dichotomy, citizens can express their preferences with their "voice" (by voting with ballots to elect better representatives) or by "exit" (by voting with their feet to choose better places to live). Suppose, however, that ballot-voting is ineffective: Can exit not merely aid but also replace voice? Using the People's Republic of China, a party state without elective democracy as a case study, we argue that exit is not a substitute for, but rather a complement to, voice. China's bureaucratic promotion system plays the same role that local elections do in the United States, promoting …