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Elections

2012

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Articles 1 - 24 of 24

Full-Text Articles in Law

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su Dec 2012

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su

William & Mary Bill of Rights Journal

No abstract provided.


Election Law, Christopher R. Nolen, Jeff Palmore Nov 2012

Election Law, Christopher R. Nolen, Jeff Palmore

University of Richmond Law Review

Other than a few controversial measures, the 2012 Virginia General Assembly made modest changes to Virginia's laws re-garding the administration and conduct of elections. Most activity in this arena concerned issues that had significant federal election implications: specifically, the adoption of changes to strengthen Virginia's existing voter identification law and the enactment of a congressional redistricting plan. This article surveys developments in Virginia election law for the latter part of 2011and the 2012 General Assembly session. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related …


Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale Oct 2012

Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale

Pepperdine Law Review

No abstract provided.


A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti Sep 2012

A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti

West Virginia Law Review

No abstract provided.


The Intellectual Integrity Of Ed Baker, Vincent Blasi Sep 2012

The Intellectual Integrity Of Ed Baker, Vincent Blasi

West Virginia Law Review

No abstract provided.


محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia Jul 2012

محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jul 2012

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton Jul 2012

Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian E. Hamilton

Faculty Publications

No abstract provided.


Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin May 2012

Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin

Mark S. Brodin

In the stiff competition for worst Supreme Court decision ever, two candidates stand heads above the others for the simple reason that they precipitated actual fighting wars in their times. By holding that slaves, as mere chattels, could not sue in court and could never be American citizens, and further invalidating the Missouri Compromise, which had prohibited slavery in new territories, Dred Scott v. Sanford charted the course to secession and Civil War four years later. By disenfranchising Florida voters and thereby appointing popular-vote loser George W. Bush as President, Bush v. Gore set in motion events which would lead …


How The Twenty-Six Superfounders Fared At The Ballot Box, Peter J. Aschenbrenner Mar 2012

How The Twenty-Six Superfounders Fared At The Ballot Box, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Twenty-six delegates who attended the federal convention at Philadelphia and who signed the constitution also attended their state ratifying conventions. Many of these SuperFounders ran for federal elective office in the first federal elections.


Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers Feb 2012

Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers

Pepperdine Law Review

No abstract provided.


Increasing Youth Participation: The Case For A National Voter Pre-Registration Law, Ceridwen Cherry Feb 2012

Increasing Youth Participation: The Case For A National Voter Pre-Registration Law, Ceridwen Cherry

University of Michigan Journal of Law Reform

Lagging youth participation rates threaten participatory democracy and undermine the representation of young people's interests in elected government. However, the percentage of registered youth who actually cast ballots is very high. The correlation between registration and actual voter participation suggests that when given assistance and greater opportunities to register, young citizens will vote. This Note proposes a national pre-registration law that would allow voter registration to begin at age sixteen. Such a law would be feasible, constitutional, and politically viable and may increase not only the voter participation of young people, but also the socioeconomic diversity of the electorate.


"Like" Your President: A Case For Online Voting, Jeremy Garson Jan 2012

"Like" Your President: A Case For Online Voting, Jeremy Garson

University of Michigan Journal of Law Reform Caveat

In the wake of Hurricane Sandy, New Jersey allowed displaced residents to vote in the 2012 elections by email. The option to vote online has been available to military members stationed overseas since 2009. New Jersey’s decision to open online voting to civilians raises the question of why this shift didn’t take place sooner. Assuming New Jersey’s system holds up under post-election scrutiny, why not utilize it to the fullest extent possible? Online voter registration is already permitted by eleven states, including the liberal, infrastructure-rich, population-heavy California and the conservative, sparsely populated Alaska. Extending the registration system to voting itself …


Judicial Retention Elections, The Rule Of Law, And The Rhetorical Weaknesses Of Consequentialism, Todd E. Pettys Jan 2012

Judicial Retention Elections, The Rule Of Law, And The Rhetorical Weaknesses Of Consequentialism, Todd E. Pettys

Todd E. Pettys

From Alaska to Florida, the 2010 election season brought the nation an unprecedented number of organized campaigns aimed at denying retention to judges who had ruled in ways that some voters found objectionable. Judges in those and other retention-election states can no longer rest comfortably on the assumption that voters will routinely exempt them from meaningful scrutiny. Anxious judges, state bar officials, and others have responded with a set of deontological and consequentialist arguments aimed at persuading voters not to use retention elections as an opportunity to oust judges who have issued controversial rulings. The deontological arguments posit that ousting …


Voting Technology And The Quest For Trustworthy Elections, S. Candice Hoke Jan 2012

Voting Technology And The Quest For Trustworthy Elections, S. Candice Hoke

S. Candice Hoke

This chapter reviews four dimensions of the still-unresolved voting technology quandary. It begins by briefly reviewing the Florida Bush v. Gore background that, combined with the tradition of state governmental control over election administration, spawned the contours and limitations of new federal regulatory apparatus. It also surveys some illustrative voting system malfunctions and their consequences surfacing predominantly from 2009–12.

The second part of this chapter, Federal Compulsion to Adopt Software-Based Voting Technologies, explains the misconceptions about software and digital equipment that led to both the flawed federal mandates and the ineffectual regulatory structure.

The third part of this chapter, Litigation …


Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future, John F. Copper Jan 2012

Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.


Voting Technology And The Quest For Trustworthy Elections, Candice Hoke Jan 2012

Voting Technology And The Quest For Trustworthy Elections, Candice Hoke

Law Faculty Contributions to Books

This chapter reviews four dimensions of the still-unresolved voting technology quandary. It begins by briefly reviewing the Florida Bush v. Gore background that, combined with the tradition of state governmental control over election administration, spawned the contours and limitations of new federal regulatory apparatus. It also surveys some illustrative voting system malfunctions and their consequences surfacing predominantly from 2009–12.

The second part of this chapter, Federal Compulsion to Adopt Software-Based Voting Technologies, explains the misconceptions about software and digital equipment that led to both the flawed federal mandates and the ineffectual regulatory structure.

The third part of this chapter, Litigation …


Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos Jan 2012

Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos

Scholarly Works

The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …


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 …


Labored Law: Bilateralism Or Pluralism, Ossification Or Reformation, John N. Raudabaugh Jan 2012

Labored Law: Bilateralism Or Pluralism, Ossification Or Reformation, John N. Raudabaugh

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

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Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales Jan 2012

Elections, Neutrality Agreements, And Card Checks: The Failure Of The Political Model Of Industrial Democracy, James Y. Moore, Richard A. Bales

Indiana Law Journal

The secret-ballot election is the National Labor Relations Board’s preferred method for employees to determine whether they wish to be represented by a union. Employer domination of the election process, however, has led many unions to opt out of elections and instead to demand recognition based on authorization cards signed by a majority of employees. The primary objection to this “card check” process is that it is less democratic than the secret-ballot election. This Article places the issue in the context of the theoretical basis for claims of industrial democracy and argues that card checks are more consistent with the …


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 …


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 …


Cравнительное Избирательное Право: Обзор Исследований, Leonid G. Berlyavskiy Dec 2011

Cравнительное Избирательное Право: Обзор Исследований, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

In the article the review of researches by Russian and foreign authors is presented to areas Compare tive Electoral Law. Number growth became a global tendency of last decades demokratic states in which the elections are regularly held. For Russia continues to remain topical the problem of overcoming of a heavy heritage of the authoritative past. In the western Political science the extensive material devoted to the analysis of Electoral systems, regulations and institutes , their evolutions is saved practically on all continents