Law Commons^™

“How Dare You Vote!” The Enactment Of Racist And Undemocratic Voting Laws To Preserve White Supremacy, Maintain The Status Quo, And Prevent The Rise Of The Black Vote – Saying The Quiet Parts Out Loud, Patricia A. Broussard, Joi Cardwell

University of Miami Race & Social Justice Law Review

Historically the United States has proudly described itself as a “melting pot,” declaring, “Give me your tired, your poor, your huddled masses yearning to breathe free.” However, if the truth is told, the United States of America has never been a melting pot. In a melting pot, the ingredients each contribute something to the pot that equalizes them into becoming a well-seasoned, indistinguishable meal. No one ingredient dominates the mixture, and each adds something that makes the pot richer. This country is more like a gumbo, a dish whose ingredients stand out, where some purportedly add more value to the …

"Solo En Inglés": Using Section 208 Of The Voting Rights Act To Combat Modern Literacy Tests, Katie Kitchen

William & Mary Law Review

This Note asserts that section 208 of the VRA [Voting Rights Act] plays a vital role in protecting equitable access for limited English proficient (LEP) voters to cast their ballot. It does so by (1) providing background on protections in the VRA for LEP voters, (2) proposing that section 208 fills the gap left by other provisions of the VRA, and (3) offering recommendations for using section 208 effectively. These recommendations will include (1) amending section 208, (2) furthering education, and (3) increasing individual state actions. Lastly, this Note will argue that section 208 should serve as a model for …

Third Parties And The Electoral College: How Ranked Choice Voting Can Stop The Third-Party Disruptor Effect, Hillary Bendert, Jacqueline Hayes, Kevin Ruane

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Advancing America’S Emblematic Right: Doctrinal Bases For The Fundamental Constitutional Right To Vote Per Se, Susan H. Bitensky

University of Miami Law Review

This Article identifies and examines the Supreme Court’s longstanding unintelligibility with respect to recognition of a fundamental right to vote per se under the Constitution. In a host of equal protection cases, the Court’s refusal to “say what the law is” in this regard has produced a chaotic jurisprudence on the status of the right. Because ours is a constitutional schema consisting of multiple types of rights to vote, the refusal manifests as judicial reliance on and acclamation of some unspecified right to vote. It is refusal by lack of clarity. The unsorted right has led some scholars to conclude …

Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain

Duke Journal of Constitutional Law & Public Policy Sidebar

Moore v. Harper tasks the Supreme Court with considering a fringe legal idea known as the Independent State Legislature Theory (ISLT). Donald Trump gave ISLT new life by invoking the theory during his attempts to overturn the results of the 2020 election. Instead of presidential elections, the litigation in Moore concerns congressional elections and partisan gerrymandering. Were the Court to accept ISLT, the theory would render states effectively impotent to curb gerrymandering and would aggrandize the Court's authority in federal elections. Scholars have recognized the theory's threat to American democracy and have accordingly produced a detailed record debunking the ISLT. …

6th Annual Stonewall Lecture 2-2-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Domestic Emergency Pretexts, Amy L. Stein

Indiana Law Journal

Whereas emergencies used to be the exception to the rule, they now seem to be the norm. Wildfires, hurricanes, flooding, and contagious diseases dominate our daily lives. Although these are not the traditional types of military emergencies of our past, these non-wartime emergencies can trigger some of the same emergency powers. And with their use comes some of the same concerns about abuses of such emergency powers. Much ink has been spilled analyzing the tradeoffs associated with necessary emergency powers and frequent abuses in the context of foreign threats—resulting in reduced privacy, civil liberties, and freedoms.

This Article is not …

Sb 129 - Amendments Regarding Time Off For Advance Voting, Cody A. Choi, Devan K.T. Knapp

Georgia State University Law Review

The Act amends several Code sections pertaining to voting, including broadening the individuals eligible to serve on an independent performance review board; allowing for employees to request time off for advance in person voting; specifying which elections may be audited; and providing election superintendents more time to report required election information.

Disenfranchisement Laws Affecting Voting Rights Of Black Americans In Mississippi, April Masha Jones

Walden Dissertations and Doctoral Studies

From Black individuals being enslaved and freed to being incarcerated in modern-day society more frequently than White individuals, the desire to have a voice in the decision-making process has been challenging. Black voters in Mississippi may be underrepresented because of felony disenfranchisement laws. The purpose of this general qualitative study was to examine the lived experiences of Black Mississippians about felony disenfranchisement laws and voting rights. The first research question addressed perceptions of Black Americans in Mississippi regarding the felony disenfranchisement laws. The second research question addressed the experiences related to any political implications among the electorate in Mississippi. The …

Voting Rights In Corporate Governance: History And Political Economy, Sarah C. Haan

Scholarly Articles

Political voting rights have become the subject of sharp legal wrangling in American political elections and the focus of headlines and popular debate. Less attention has focused on American corporate elections, where something similar has been happening: the last two decades have witnessed significant unsettling of basic shareholder voting rights, including laws and practices that were mostly stable throughout the twentieth century. Today, shareholder voting rights are in flux and, increasingly, in controversy. This Article connects the current moment of instability to the last significant era of change in shareholder voting rights—the nineteenth century—and brings historical context to a new …

Changemakers: Master Of Studies In Law: "Exactly What I Needed...": John Marion, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter

Faculty Scholarship

State constitutional law is in the spotlight. As federal courts retrench on abortion, democracy, and more, state constitutions are defining rights across the nation. Despite intermittent calls for greater attention to state constitutional theory, neither scholars nor courts have provided a comprehensive account of state constitutional rights or a coherent framework for their adjudication. Instead, many state courts import federal interpretive practices that bear little relationship to state constitutions or institutions.

This Article seeks to begin a new conversation about state constitutional adjudication. It first shows how in myriad defining ways state constitutions differ from the U.S. Constitution: They protect …

Political Equality, Gender, And Democratic Legitimation In Dobbs, Aliza Forman-Rabinovici, Olatunde C.A. Johnson

Faculty Scholarship

This Article examines the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, demonstrating how the Court deploys new arguments about women’s political equality — alongside long-standing arguments about federalism and judicial minimalism — to legitimate the overruling of Roe v. Wade. In contending that abortion rights are better determined by legislatures, the Dobbs Court advances a thin conceptual account of democracy and political equality that ignores a range of anti-democratic features of the political process that shape abortion policy — such as partisan politics and gerrymandering — as well the absence of women in the …