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Articles 271 - 298 of 298
Full-Text Articles in Election Law
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
UIC Law Review
No abstract provided.
From Laredo To Fort Worth: Race, Politics And The Texas Redistricting Case, Ellen D. Katz
From Laredo To Fort Worth: Race, Politics And The Texas Redistricting Case, Ellen D. Katz
Articles
LULAC v. Perry held that Texas violated Section 2 of the Voting Rights Act when it displaced nearly 100,000 Latino residents from a congressional district in Laredo to protect the Republican incumbent they refused to support. At the same time, the Justices let stand the dismantling of a so-called “coalition” district in Fort Worth where African-American voters comprising a minority of the district’s population allegedly enjoyed effective control in deciding the district’s representative. Only Justice Kennedy supported the outcome in both Laredo and Fort Worth. His opinion marks the first time that he, or indeed a majority of the Justices, …
The Judicial Nominations Wars, William P. Marshall
The Judicial Nominations Wars, William P. Marshall
University of Richmond Law Review
No abstract provided.
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
If At First You Don't Succeed: A Critical Evaluation Of Judicial Selection Reform Efforts, Amam Mcleod
West Virginia Law Review
No abstract provided.
Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson
Judicial Elections In West Virginia: By The People, For The People Or By The Powerful, For The Powerful - A Choice Must Be Made, Brian P. Anderson
West Virginia Law Review
No abstract provided.
To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman
To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman
University of Michigan Journal of Law Reform
This Article examines the process of judicial selection in New York State in light of the recent court decisions in White and Spargo, which have paved the way for increased campaign speech in judicial elections. Relying on empirical data to compare judicial elections and appointments in New York City between 1977 and 2002, the Article finds that elections produce a judiciary that is more beholden to interest groups than one generated through appointments. The consequence of this greater special interest involvement is an erosion of public trust and confidence in the judiciary. Moreover while elections arguably have increased diversity in …
Virtuous Judges And Electoral Politics: A Contradiction?, Marie Failinger
Virtuous Judges And Electoral Politics: A Contradiction?, Marie Failinger
Faculty Scholarship
Judge Thomas J. Spargo serves as a fascinating poster-child in the debate on what’s wrong (or right) with judicial elections. Judge Spargo, campaigning for re-election as Justice of the Berne Town Court in upstate New York, was accused of “failing to observe the high standards of conduct” expected as a judge because he handed out doughnuts to voters. Judge Spargo’s case and others illustrate that popular debates about the merits of judicial elections versus judicial selection commissions have probably been mis-focused on two “second-order questions rather than concentrating on “first-order” concerns in judicial selection. This article discusses these questions and …
Had Enough In Ohio - Time To Reform Ohio's Judicial Selection Process, Bradley Link
Had Enough In Ohio - Time To Reform Ohio's Judicial Selection Process, Bradley Link
Cleveland State Law Review
This note will examine the problems that the election of state judges creates, as well as the inadequacies of the current model of merit selection. I propose that Ohio should adopt an appointive method of selecting judges, which will utilize a judicial eligibility commission as outlined by the American Bar Association similar to the nominating commissions commonly found in merit selection plans but which will do away with the commonly found retention election. Ohio needs to change the manner in which state judges are selected in order to bring confidence in the state judiciary, and to ensure that the most …
Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard
Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard
University of Arkansas at Little Rock Law Review
No abstract provided.
Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers
Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers
Nevada Law Journal
No abstract provided.
Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel
Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Judicial Selection And Evaluation, Center For Democratic Culture At Unlv
Judicial Selection And Evaluation, Center For Democratic Culture At Unlv
Nevada Law Journal
No abstract provided.
Stop Me Before I Vote For This Judge Again: Judicial Conduct Organizations, Judicial Accountability, And The Disciplining Of Elected Judges, Alex B. Long
West Virginia Law Review
No abstract provided.
Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda
Judicial Elections, Campaign Financing, And Free Speech, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Judicial Jabberwocky In The Presidential Election 2000: When Law And Facts Collide With Politics, Theresa H. Hammond
Judicial Jabberwocky In The Presidential Election 2000: When Law And Facts Collide With Politics, Theresa H. Hammond
Mercer Law Review
Long before the United States Constitution was ratified, Americans displayed a deep skepticism of the judiciary. Codification of extremely detailed and complex laws was the palliate to judicial activism. People believed that if the laws were all published and readily accessible, judges would have less ability to substitute their own personal values and predilections for the will of the people, established through the legislation promulgated by their chosen representatives. Hamilton's first essay on the judiciary assured New Yorkers that "the judiciary is beyond comparison the weakest of the three departments of power" and that "the liberty of the people can …
Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman
Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman
Articles
The Supreme Court's decision in Bush v. Gore, shutting down the recounts of Florida's vote in the 2000 presidential election and effectively awarding the election to George W. Bush, has struck many observers, including myself, as outrageous.' Decisions of the Supreme Court should be more than mere reflections of ideological or partisan preference thinly camouflaged behind legalistic language. It would therefore be pleasant to be able to believe that they are more than that. Accordingly, Judge Richard Posner's analysis,2 in which he defends the result reached by the Court-though not the path by which it got there-is particularly welcome. Though …
Article Iii Judges And The Initiative Process: Are Article Iii Judges Hopelessly Elitist?, Michael Vitiello, Andrew J. Glendon
Article Iii Judges And The Initiative Process: Are Article Iii Judges Hopelessly Elitist?, Michael Vitiello, Andrew J. Glendon
McGeorge School of Law Scholarly Articles
No abstract provided.
Judicial Selection In Michigan - Time For A Change?, John W. Reed
Judicial Selection In Michigan - Time For A Change?, John W. Reed
Articles
How are we to choose those who judge us? To whom do we entrust the responsibility of protecting our liberties and the power to determine our rights and liabilities? We look for men and women of integrity, diligence, legal ability, and judicial temperament, chosen by methods that balance judicial independence and public accountability.1
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
Touro Law Review
No abstract provided.
Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman
Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman
Cardozo Law Review
No abstract provided.
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
The Bench And The Ballot: Applying The Protections Of The Voting Rights Act To Judicial Elections, Brenda Wright
Florida State University Law Review
No abstract provided.
Electing Justice, Sol Wachtler
Electing Justice, Sol Wachtler
Michigan Law Review
A Review of In Pursuit of Justice: Reflections of a State Supreme Court Justice by Joseph R. Grodin
Weighted Voting, Richard David Emery ,Esq.
Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis
Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis
Michigan Law Review
This Note will argue that the improprieties arising from some campaign contributions are so egregious that they offend the due process clause of the fourteenth amendment. Consequently, states must either reform judicial campaigns to eliminate such improprieties, or, through mandatory judicial recusal or disqualification, respect the absolute constitutional right to an impartial forum. Part I of this Note will examine the history of disqualification at common law and in American practice, focusing on the extent to which it has been held to be a requirement of due process. Part II will argue that under the applicable due process standards, a …
Judicial Selection And Tenure In Indiana: A Critical Analysis And Suggested Reform
Judicial Selection And Tenure In Indiana: A Critical Analysis And Suggested Reform
Indiana Law Journal
Indiana's method of selecting its judiciary by the partisan election process has for years been considered wholly inadequate by those who have given it serious thought. Yet that system persists, notwithstanding many efforts at legislative reform. The Editors of the Indiana Law Journal feel it is the responsibility of all citizens, attorneys and judges to continually seek adoption of the most sound method of selecting and retaining in public office those entrusted with the responsibility of administering justice. The following nwte is presented as one writer's evaluation of the present system and its alternatives, in the hope that it will …
Elections, Alfred Harsch
Elections, Alfred Harsch
Washington Law Review
Covers primary and general elections for judges.
Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed.
Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed.
Michigan Law Review
At a general election on November 6, 1956, voters of the state of Washington approved by popular initiative a reapportionment of the legislature based upon political sub-divisions as described in the federal census of 1950. On December 6, 1956, the governor proclaimed the measure to be law and it was enrolled as chapter 5, Laws of 1957. At the regular 1957 session of the state legislature, chapter 289, revoking the initiative and calling for the use of the election precinct as the unit · of population for forming legislative districts, was passed by a vote of more than a two-thirds …
The Recall And The Political Responsibility Of Judges, W. F. Dodd
The Recall And The Political Responsibility Of Judges, W. F. Dodd
Michigan Law Review
The movement for the recall of State officers is one which has became important only within the past three or four years. The first application of the recall as a modem institution in the United States appears to have been in Los Angeles in 19o3, where the institution was adopted in the amendment of the charter framed by that city. From Los Angeles the recall as applicable only to municipal officers spread to other California cities, and has now been rather widely adopted in other States. The first State constitutional amendment with respect to the recall, that of California in …