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Articles 31 - 57 of 57
Full-Text Articles in Election Law
The Jekyll And Hyde Of First Amendment Limits On The Regulation Of Judicial Campaign Speech, Charles G. Geyh
The Jekyll And Hyde Of First Amendment Limits On The Regulation Of Judicial Campaign Speech, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby Wood
Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby Wood
Indiana Law Journal
What effect has Citizens United v. FEC had on independent spending in American politics? Previous attempts to answer this question have focused solely on federal elections, where there is no baseline for comparing changes in spending behavior. We overcome this limitation by examining the effects of Citizens United as a natural experiment on the states. Before Citizens United, about half of the states banned corporate independent expenditures and thus were “treated” by the Supreme Court’s decision, which invalidated these state laws. We rely on recently released state-level data to compare spending in “treated” states to spending in the “control” states, …
Voting Rights Law And Policy In Transition, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Voting Rights Law And Policy In Transition, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
No abstract provided.
State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
State's Rights, Last Rites, And Voting Rights, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
There are two ways to read the Supreme Court's decision in Shelby County Alabama v. Holder: as a minimalist decision or as a decision that undermines the basic infrastructure of voting rights policy, law, and jurisprudence. In this Article, we present the case for reading Shelby County as deeply destabilizing. We argue that Shelby County has undermined three assumptions that are foundational to voting rights policy, law, and jurisprudence. First, the Court has generally granted primacy of the federal government over the states. Second, the Court has deferred to Congress particularly where Congress is regulating at the intersection of race …
Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes
Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes
Indiana Journal of Law and Social Equality
No abstract provided.
Procedural Fairness In Election Contests, Joshua A. Douglas
Procedural Fairness In Election Contests, Joshua A. Douglas
Indiana Law Journal
No abstract provided.
Mapping A Post-Shelby County Contingency Strategy, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Mapping A Post-Shelby County Contingency Strategy, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
Professors Guy-Uriel E. Charles and Luis Fuentes-Rohwer argue that voting rights activists ought to be prepared for a future in which section 5 is not part of the landscape. If the Court strikes down section 5, an emerging ecosystem of private entities and organized interest groups of various stripes—what they call institutional intermediaries—may be willing and able to mimic the elements that made section 5 an effective regulatory device. As voting rights activists plot a post-Shelby County contingency strategy, they should both account for institutional intermediaries and think about the types of changes that could enhance the ability of these …
Is This The Beginning Of The End Of The Second Reconstruction?, Luis Fuentes-Rohwer
Is This The Beginning Of The End Of The Second Reconstruction?, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This article discusses the history, present, and possible future of the Voting Rights Act.
Community As A Redistricting Principle: Consulting Media Markets In Drawing District Lines, Jason C. Miller
Community As A Redistricting Principle: Consulting Media Markets In Drawing District Lines, Jason C. Miller
Indiana Law Journal
With the 2011 redistricting process poised to commence across the country, debates are raging as to who should draw district lines, how to keep those individuals from drawing them for partisan advantage, and the best way to draw minority districts. This paper addresses the largely overlooked area of media markets. Districts drawn to conform with media markets experience higher voter turnout. Moreover, linking a city and its economically-connected suburbs together is simply common sense. Discussing the impact of district conformity, or lack thereof, with media market boundaries on campaign strategy, news reporting, voter participation, grassroots organizing, and candidate recruitment, this …
Ethnicity, Elections, And Reform In Burma, David C. Williams
Ethnicity, Elections, And Reform In Burma, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Justice Kennedy To The Rescue?, Luis Fuentes-Rohwer
Justice Kennedy To The Rescue?, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
Looking For A Few Good Philosopher Kings: Political Gerrymandering As A Question Of Institutional Competence, Luis Fuentes-Rohwer
Looking For A Few Good Philosopher Kings: Political Gerrymandering As A Question Of Institutional Competence, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The redistricting season is about to begin in full swing, and with it will come renewed calls for the federal courts, and particularly the U. S. Supreme Court, to aggressively review the work of the political branches. This is an intriguing puzzle. Since the early 1960’s, the federal courts have regulated questions of politics aggressively. They have done this even in the face of difficult questions of political representation. The courts have taken sides, to be sure, but these can only be described as acts of volition and will, not constitutional law. The leading case is Reynolds v. Sims. This …
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer
Articles by Maurer Faculty
This Essay argues that the future of the majority-minority district is in peril, as a conservative majority on the Court stands poised to strike down section 2 of the Voting Rights Act. When the Court takes up the constitutionality of Section 2, binding precedent will play a secondary role at best. Instead, the Justices’ policy goals and ideological preferences - namely, their personal disdain for the use of race in public life - will guide the Court’s conclusion. In this vein, Justice Kennedy holds the fate of the Act in his hands. To be clear, this Essay is not trying …
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Taxing Political Donations: The Case For Corrective Taxes In Campaign Finance, David Gamage
Taxing Political Donations: The Case For Corrective Taxes In Campaign Finance, David Gamage
Articles by Maurer Faculty
Command-and-control regulations are generally thought to be inferior to incentive-based alternatives. This essay proposes an incentive-based approach for regulating campaign finance. In place of our current regime of contribution ceilings, the essay calls for a graduated system of contribution taxes. Rather than capping the size of political donations at a specified dollar level, we should tax donations based on a schedule of graduated rates - the larger the size of a contribution, the higher the level of taxation.
Contribution taxes generate two primary advantages over contribution ceilings. First, contribution taxes preserve more total surplus. This surplus can be shared by …
"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann
"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
The Emptiness Of Majority Rule, Luis Fuentes-Rohwer
The Emptiness Of Majority Rule, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
State Campaign Finance Schemes And Equal Protection, John M. Hamilton
State Campaign Finance Schemes And Equal Protection, John M. Hamilton
Indiana Law Journal
No abstract provided.
Union Representation Election Statements: A Call For Implementation Of The Statute, Bruce Charles Navarro
Union Representation Election Statements: A Call For Implementation Of The Statute, Bruce Charles Navarro
Indiana Law Journal
No abstract provided.
Durational Residency Requirements In State Elections: Blumstein V. Ellington, James R. Fisher
Durational Residency Requirements In State Elections: Blumstein V. Ellington, James R. Fisher
Indiana Law Journal
No abstract provided.
The Impact And Constitutionality Of Voter Residence Requirements As Applied To Certain Intrastate Movers, Nicholas K. Brown
The Impact And Constitutionality Of Voter Residence Requirements As Applied To Certain Intrastate Movers, Nicholas K. Brown
Indiana Law Journal
No abstract provided.
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 …
The Privilege Of A Negro Citizen To Vote In A Primary
The Privilege Of A Negro Citizen To Vote In A Primary
Indiana Law Journal
Notes and Comments: Constitutional Law
Special Municipal Election Laws
"Skip Election Law" Of 1941 Held Invalid Special Legislation
"Skip Election Law" Of 1941 Held Invalid Special Legislation
Indiana Law Journal
Notes and Comments: Legislation
A "Majority Of The Electors" Means A Majority Of Those Voting On The Question, Frank N. Richman
A "Majority Of The Electors" Means A Majority Of Those Voting On The Question, Frank N. Richman
Indiana Law Journal
(A criticism of State v. Swift, 69 Ind. 505; In re Denny, 156 Ind. 104; In re Boswell, 179 Ind. 292)
The Indianapolis Mayoralty Cases, Robert C. Brown
The Indianapolis Mayoralty Cases, Robert C. Brown
Indiana Law Journal
No abstract provided.