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Full-Text Articles in Law
Democracy On The High Wire: Citizen Commission Implementation Of The Voting Rights Act, Justin Levitt
Democracy On The High Wire: Citizen Commission Implementation Of The Voting Rights Act, Justin Levitt
Justin Levitt
The Voting Rights Act, often praised as the most successful civil rights statute, is among the most fact-intensive of election regulations. California, the country’s most populous and most diverse state, is among the most challenging terrain for applying the Act. California is also the largest jurisdiction at the vanguard of a burgeoning experiment in indirect direct democracy: allowing lay citizens, not incumbent officials, to regulate the infrastructure of representation.
In 2011, fourteen California citizens strode into the briar patch where citizen institutions intersect the Voting Rights Act. These fourteen comprised the state’s brand-new Citizens Redistricting Commission: an official body of …
Resolving Election Error, Justin Levitt
Resolving Election Error, Justin Levitt
Justin Levitt
The ghosts of the 2000 presidential election will return in 2012. Photo-finish, and error-laden, elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an …
Resolving Election Error, Justin Levitt
Resolving Election Error, Justin Levitt
Justin Levitt
The ghosts of the 2000 presidential election will return in 2012. Photo-finish, and error-laden, elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an …
Resolving Election Error, Justin Levitt
Resolving Election Error, Justin Levitt
Justin Levitt
The ghosts of the 2000 presidential election will return in 2012. Photo-finish, and error-laden, elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an …
When Mistakes Matter: Election Error And The Dynamic Assessment Of Materiality, Justin Levitt
When Mistakes Matter: Election Error And The Dynamic Assessment Of Materiality, Justin Levitt
Justin Levitt
The ghosts of the 2000 presidential election will return in 2012. Photo-finish, and error-laden, elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet in the past eleven years, despite widespread agreement on the likelihood of another meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle. It argues that the resolution of an election error should turn …
When Mistakes Matter: Election Error And The Dynamic Assessment Of Materiality, Justin Levitt
When Mistakes Matter: Election Error And The Dynamic Assessment Of Materiality, Justin Levitt
Justin Levitt
The ghosts of the 2000 presidential election will return in 2012. Photo-finish, and error-laden, elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet in the past eleven years, despite widespread agreement on the likelihood of another meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle. It argues that the resolution of an election error should turn …