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Articles 361 - 390 of 447
Full-Text Articles in Election Law
Structural Principles And Presidential Succession, Howard M. Wasserman
Structural Principles And Presidential Succession, Howard M. Wasserman
Faculty Publications
No abstract provided.
Popular Sovereignty And The Electoral College, John O. Mcginnis
Popular Sovereignty And The Electoral College, John O. Mcginnis
Articles
No abstract provided.
How Democratic Are Initiatives?, Richard B. Collins
How Democratic Are Initiatives?, Richard B. Collins
Publications
No abstract provided.
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 …
Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino
Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino
Michigan Journal of Race and Law
Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as …
Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner
Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner
Journal Articles
No abstract provided.
Ballot Format: Must Candidates Be Treated Equally , Richard Winger
Ballot Format: Must Candidates Be Treated Equally , Richard Winger
Cleveland State Law Review
This article's purpose is to explore and discuss a major inequality currently plaguing the realm of ballot format-the non-uniformed partisan labeling of election ballots. This will be accomplished by answering the following question: if a ballot lists partisan labels for some candidates must it list similar labels for all? This article endorses the idea that an election ballot should be fairly constructed. Governments preparing a voting ballot so its design does not significantly disadvantage any class of listed candidates seems perfectly reasonable. Despite this seemingly logical approach, some state laws provide that certain classes of candidates are entitled to preferential …
Campaign Finance Reform In Kentucky: The Race For Governor, Jennifer A. Moore
Campaign Finance Reform In Kentucky: The Race For Governor, Jennifer A. Moore
Kentucky Law Journal
No abstract provided.
Constitutional Law Ii: The Law And Politics Of Constitutional Cases, Oregon Law Institute, Susan P. Graber, W. Michael Gillette, Rebecca R. Davis, David Schuman, Claudia E. Burton, David Heynderickx, Kelly W.G. Clark
Constitutional Law Ii: The Law And Politics Of Constitutional Cases, Oregon Law Institute, Susan P. Graber, W. Michael Gillette, Rebecca R. Davis, David Schuman, Claudia E. Burton, David Heynderickx, Kelly W.G. Clark
Oregon Law Institute, 1996
Course Materials from the October 11, 1996 Program in Portland
Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor
Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor
Michigan Law Review
This Note argues that groups seeking to correct underrepresentation caused by the differential undercount do not have standing to sue the Secretary of Commerce but that they can sue their state governments in an effort to force them to use the best population data available in the construction of congressional districts. Part I details the deeply rooted character of the differential undercount, describes statistical means that could have been employed to adjust the 1990 census, and demonstrates that the adjusted count surpasses the official census as an accurate representation of the true population. Part II examines recent litigation that has …
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
New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner
New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner
Oregon Law Institute, 1995
Course Materials from the September 15, 1995 Program in Portland
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.
Bi-Partisan Voting: In Re Matthews
Introduction, Alan Gartner
New York State Bar Association Committee On State Constitution: Summary Of 1992 Activities, Shirley Adelson Siegel ,Chair Committee On State Constitution
New York State Bar Association Committee On State Constitution: Summary Of 1992 Activities, Shirley Adelson Siegel ,Chair Committee On State Constitution
Touro Law Review
No abstract provided.
Who Rules At Home: One Person/One Vote And Local Governments, Richard Briffault
Who Rules At Home: One Person/One Vote And Local Governments, Richard Briffault
Faculty Scholarship
Twenty-five years ago, in Avery v Midland County, the United States Supreme Court extended the one person/one vote requirement to local governments. Avery and subsequent decisions applying federal constitutional standards to local elections suggested a change in the legal status of local governments and appeared to signal a shift in the balance of federalism. Traditionally, local governments have been conceptualized as instrumentalities of the states. Questions of local government organization and structure were reserved to the plenary discretion of the states with little federal constitutional oversight. In contrast, Avery assumed that local governments are locally representative bodies, not simply …
Election And Term Of City And County Officers
Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller
Who Shall Rule And Govern? Local Legislative Delegations, Racial Politics, And The Voting Rights Act, Binny Miller
Scholarly Articles in Law Reviews & Journals
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
Qualifications Of Governor And Lieutenant-Governor
Qualifications Of Governor And Lieutenant-Governor
Touro Law Review
No abstract provided.
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
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 …
Unlocking The Doors To Democracy: Election Process Reform, Robert Kerstein
Unlocking The Doors To Democracy: Election Process Reform, Robert Kerstein
Florida State University Law Review
The success of the democratic process depends on a fair, efficient, and open electoral system. Professor Kerstein studied Florida's election process during a seven-month residency at the Florida State University College of Law Policy Studies Clinic. In this Article, derived from his final report, Professor Kerstein evaluates the election process and suggests ways to improve it.
Elected Officials, Frank Venezia
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Publications
No abstract provided.
Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy
Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy
University of Michigan Journal of Law Reform
Part I of this Note traces the history of affirmative action in the Democratic Party and the events preceding adoption and implementation of the equal division rule. Part II establishes that the equal division rule is subject to constitutional review. Part III presents constitutional and state statutory challenges to the equal division rule. The Note concludes that use of the equal division rule "quota" in the delegate selection process is unconstitutional.
State And Local Limitations On Ballot Measure Contributions, Michigan Law Review
State And Local Limitations On Ballot Measure Contributions, Michigan Law Review
Michigan Law Review
This Note's thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley's "exacting scrutiny" standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests.
The Constitutional Initiative And The Structure And Procedures Of The General Assembly, 11 J. Marshall J. Prac. & Proc. 387 (1978), Gordon V. Levine
The Constitutional Initiative And The Structure And Procedures Of The General Assembly, 11 J. Marshall J. Prac. & Proc. 387 (1978), Gordon V. Levine
UIC Law Review
No abstract provided.