Constitutional Law Commons^™

Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen

Schmooze 'tickets'

No abstract provided.

Hungary: An Election In Question, Kim Lane Scheppele

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No abstract provided.

The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith

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No abstract provided.

What Became Of Fundamental Rights?: Of Voter Ids And Voting Rights, Carol Nackenoff

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No abstract provided.

The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson

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In recent years, courts and commentators have focused on the federalism-based limits on the power of the federal government, with significantly less attention given to similar constraints on state power. It is not surprising, therefore, that both camps have overlooked that the Ninth and Tenth Amendments, with their reservation of both rights and power “to the people” contain a popular sovereignty principle that affects the constitutionality of various state election law regulations. This goal of this Article is to reaffirm that the people are, in essence, part of the federalism equation, and not simply as protectors of state power, but …

Are Elections Necessary?, Sanford Levinson

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No abstract provided.

The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout

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This Essay explores the ideological underpinnings of the modern Supreme Court’s election law decisions, arguing that the Court does not have a strong commitment to federalism or to unfettered debate or to the mistrustful citizen. Instead, the opinions reveal a complacency about corruption and a narrow view of the role of citizens. The Essay is part of a volume on neoliberalism for Law and Contemporary Problems.

Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii

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No abstract provided.

The Idea Of Democracy In The Early Republic, Keith Whittington

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No abstract provided.

"Lotteries As An Alternative Selection Method For Representatives", Hélène Landemore

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No abstract provided.

Why Campaign Finance Matters, Prithviraj Datta

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Due to the combination of a host of factors – among them being the Supreme Court decision in the case of Citizens United v FEC, the not-entirely-unrelated explosion of Super PACs as a political force in electoral politics, and the tremendous increase in the amounts that candidates and parties have been spending in their campaign efforts – the issue of campaign finance has, once again, rise to prominence in scholarly and public debate. Unsurprisingly, given the highly polarized and divisive political environment in which we live, the debate over campaign finance is characterized by a sharp cleavage of opinion …

Compulsory Voting, Howard Schweber

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No abstract provided.

Abolish Districts, Corinna Barrett Lain

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No abstract provided.

Citizens Derided: Corporate Politics And Religion In The Roberts Court, Jamin Raskin

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No abstract provided.

Powers And Rights In Shelby County V. Holder, Corey Brettschneider

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No abstract provided.

Shelby County V. Holder And Preclearance As Legislative Injunction, Henry L. Chambers

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No abstract provided.

The Problem Of Voter Fraud, Michael D. Gilbert

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No abstract provided.

American Innovations In Democratic Decision-Making, Leslie Friedman Goldstein

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No abstract provided.

Toward An Alternative Theory Of Constitutional Design, Emily Zackin, Mila Versteeg

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No abstract provided.

Seeking Guidance? New Legal Challenges To 'Legislative Prayer', Marc O. Degirolami

Faculty Publications

(Excerpt)

It has long been the tradition of American citizens to pray for divine blessing and guidance in their civic business. This tradition, which predates the founding of the American Republic, finds expression at all levels of government, federal, state, and local. It was embraced by the First Continental Congress, the same Congress that both employed a paid chaplain and later drafted the First Amendment to the U.S. Constitution; it was maintained during the passage of the Fourteenth Amendment; and it persists in various guises to this day.

February 20, 2014: A Norm Free Space/A Mathematical Universe, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Norm Free Space/a Mathematical Universe“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Lorton V. Jones, 130 Nev. Adv. Op. 8, Kylee Gloeckner

Nevada Supreme Court Summaries

The Court determined whether the limitations imposed under Article 15, Section 3(2) of the Nevada Constitution prohibit an individual who has served for 12 years or more as a council member from running for mayor of Reno.

The Curious Case Of Legislative Prayer: Town Of Greece V. Galloway, Ian Bartrum

NULR Online

No abstract provided.

February 16, 2014: Not Joining A Union/Not Marrying, Bruce Ledewitz

Hallowed Secularism

Blog post, “Not Joining a Union/Not Marrying“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout

NULR Online

No abstract provided.

Summary Of Amezcua V. Eighth Judicial Dist. Court, 130 Nev. Adv. Op. 7, Alexandria K. Mendonca

Nevada Supreme Court Summaries

The Court determined whether a first-offense domestic battery under NRS 200.485 is a serious offense requiring a jury trial under the Sixth Amendment to the United States Constitution.

February 11, 2014: The Un Committee On The Rights Of The Child, Bruce Ledewitz

Hallowed Secularism

Blog post, “The UN Committee on the Rights of the Child“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 9, 2014: The Death Of Meaning, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Death of Meaning“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins

Faculty Publications and Presentations

Seventy years ago, in West Virginia State Board of Education v. Barnette, the United States Supreme Court eloquently held that the state could not compel public schoolchildren to salute the flag while reciting the Pledge of Allegiance. The decision has been heralded as one of the Court’s most significant free speech cases because it acknowledged expansive protection for freedom of conscience. But recently, the United States Court of Appeals for the Eleventh Circuit held that Barnette’s protection does not extend to college students who challenge their public institution’s curriculum because university enrollment is “voluntary.” The impact of this …

February 6, 2014: Religion Is A Lie, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion is a Lie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.