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Election Law Commons™

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2013

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Articles 31 - 60 of 99

Full-Text Articles in Election Law

The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson Mar 2013

The Original Sin Of Campaign Finance Law: Why Buckley V. Valeo Is Wrong, Jessica A. Levinson

University of Richmond Law Review

No abstract provided.


Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts Mar 2013

Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts

University of Richmond Law Review

No abstract provided.


The Right Choice For Elections: How Choice Voting Will End Gerrymandering And Expand Minority Voting Rights, From City Councils To Congress, Rob Richie, Andrew Spencer Mar 2013

The Right Choice For Elections: How Choice Voting Will End Gerrymandering And Expand Minority Voting Rights, From City Councils To Congress, Rob Richie, Andrew Spencer

University of Richmond Law Review

No abstract provided.


Discouraging Election Contests, Joshua A. Douglas Mar 2013

Discouraging Election Contests, Joshua A. Douglas

University of Richmond Law Review

This essay proceeds in three sections. Section I lays the founda- tion for why our system encourages-or at least does not dis-suade-the filing of post-election contests in close races. Section

II posits that election contests are often bad for our democracy, explaining why post-election litigation might harm the ideals of finality, certainty, and legitimacy in the election process. SectionIII sets out three structural reforms that might make losing candidates think twice before initiating an election contest. Ultimately, the goal of this essay is to promote a broader discussion of the propriety of post-election litigation and what we can do to …


Minority Vote Dilution In The Age Of Obama, Dale Ho Mar 2013

Minority Vote Dilution In The Age Of Obama, Dale Ho

University of Richmond Law Review

No abstract provided.


Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner Mar 2013

Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner

University of Richmond Law Review

No abstract provided.


A Half-Century Of Virginia Redistricting Battles: Shifting From Rural Malapportionment To Voting Rights To Public Participation, Micah Altman, Michael P. Mcdonald Mar 2013

A Half-Century Of Virginia Redistricting Battles: Shifting From Rural Malapportionment To Voting Rights To Public Participation, Micah Altman, Michael P. Mcdonald

University of Richmond Law Review

No abstract provided.


Partisanship On An Apolitical Court: The United States Court Of Claims, Justin J. Green Feb 2013

Partisanship On An Apolitical Court: The United States Court Of Claims, Justin J. Green

Pepperdine Law Review

No abstract provided.


Circumventing The Electoral College: Why The National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under The Compact Clause, Michael Brody Feb 2013

Circumventing The Electoral College: Why The National Popular Vote Interstate Compact Survives Constitutional Scrutiny Under The Compact Clause, Michael Brody

Legislation and Policy Brief

It’s Election Night 2016. Brian Williams stands by at NBC, waiting to give the first returns of the night. “Kentucky to Christie,” Williams triumphantly announces to kick off the evening’s festivities. Kentucky turns flush red on NBC’s virtual election map. Williams continues: “Maryland to Clinton.” Now comes the hard part for Williams. Clinton won Maryland by an incredible two-to-one margin. NBC viewers intently watch the map, expecting to see the Old Line State turn blue. Instead, Maryland sits idly in its static grey color. This election has something new.

Confused NBC viewers keep watching, waiting for Williams to provide an …


General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw Feb 2013

General Knit Revives Hollywood Ceramics; The Nlrb Again Prohibits Campaign Misrepresentations, Dwight Tracy Shaw

Pepperdine Law Review

No abstract provided.


Shelby County V. Holder: Brief Of Amici Curiae Ellen D. Katz And The Voting Rights Initiative In Support Of Respondents, Ellen D. Katz Feb 2013

Shelby County V. Holder: Brief Of Amici Curiae Ellen D. Katz And The Voting Rights Initiative In Support Of Respondents, Ellen D. Katz

Appellate Briefs

The Voting Rights Initiative ("VRI") at the University of Michigan Law School is a faculty-student collaborative research venture under the direction of Professor Ellen D. Katz. In 2005, VRI undertook a comprehensive analysis of all cases involving claims brought under Section 2 of the Voting Rights Act since 1982 that resulted in one or more decisions published in a federal reporter or available on Westlaw or Lexis-a total of 763 decisions in 331 lawsuits. Each case was evaluated and catalogued based on a variety of factors, including whether it involved a jurisdiction "covered" under Section 5, the substan- tive outcome, …


Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen Jan 2013

Proposition 8: California Law After In Re Lance W. And People V. Castro, Mark Dyer Klein, Randall A. Cohen

Pepperdine Law Review

Until recently, California provided a relatively high level of constitutional protection to criminal defendants. With the passage of Proposition 8 in 1982, the California voters expressed their desire to decrease this level of protection in order to remove impediments to the effective prosecution of criminally accuseds. This comment will examine two of the major provisions of Proposition 8 and their effect on California law in light of major cases decided by the California Supreme Court in 1985.


Special Interest Money: A Threat To Democratic Government, David L. Boren Jan 2013

Special Interest Money: A Threat To Democratic Government, David L. Boren

Pepperdine Law Review

No abstract provided.


Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr Jan 2013

Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr

Pepperdine Law Review

No abstract provided.


How Young Should Voters Be?: 16-Year-Olds’ Entitlement To The Most Basic Civil Right [Part V], Vivian E. Hamilton Jan 2013

How Young Should Voters Be?: 16-Year-Olds’ Entitlement To The Most Basic Civil Right [Part V], Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Young Should Voters Be? Part Iv: Assessing Adolescents’ Electoral Competence, Vivian E. Hamilton Jan 2013

Just How Young Should Voters Be? Part Iv: Assessing Adolescents’ Electoral Competence, Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton Jan 2013

Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments, Vivian E. Hamilton

Popular Media

No abstract provided.


Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton Jan 2013

Just How Youthful Should Voters Be? Part Ii: Defining Electoral Decision-Making Competence, Vivian E. Hamilton

Popular Media

No abstract provided.


The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton Jan 2013

The Youth Vote Matters. But Just How Young Should Voters Be? [Part I], Vivian E. Hamilton

Popular Media

No abstract provided.


Chapter 497: A Vote For Greater Participation In Elections, Danielle Lenth Jan 2013

Chapter 497: A Vote For Greater Participation In Elections, Danielle Lenth

McGeorge Law Review

No abstract provided.


Chapter 160: Felons Who Violate “Public Trust” Banned From Elected Office, Kevin Heitz Jan 2013

Chapter 160: Felons Who Violate “Public Trust” Banned From Elected Office, Kevin Heitz

McGeorge Law Review

No abstract provided.


Chapter 271: Another Step In California’S Redistricting Reform, Elizabeth Smutz Jan 2013

Chapter 271: Another Step In California’S Redistricting Reform, Elizabeth Smutz

McGeorge Law Review

No abstract provided.


Buying The Electorate: An Empirical Study Of The Current Campaign Finance Landscape And How The Supreme Court Erred In Not Revisiting Citizens United, William Alan Nelson Ii Jan 2013

Buying The Electorate: An Empirical Study Of The Current Campaign Finance Landscape And How The Supreme Court Erred In Not Revisiting Citizens United, William Alan Nelson Ii

Cleveland State Law Review

The Article discusses how the Supreme Court erred by summarily reversing the Montana Supreme Court’s decision in Western Tradition Partnership v. AG and not revisiting its holding in Citizens United v. FEC. The Article begins by discussing the holding in the Western Tradition Partnership case and analyzing both the majority and dissenting opinions. The Article then analyzes how the Montana Supreme Court distinguished Citizens United, with the Court specifically looking at the “unique” political history in Montana and finding that Montana’s ban on corporate independent political spending served a compelling state interest and was narrowly tailored to that interest. The …


Foreword: The State Of The Republican Form Of Government In Montana, Anthony Johnstone Jan 2013

Foreword: The State Of The Republican Form Of Government In Montana, Anthony Johnstone

Faculty Law Review Articles

This foreword to the 2012 Browning Symposium contributes to the discussion of republican forms of government in the states by situating Montana's experience in broader themes of federal intervention in state republicanism. It serves as an epilogue to match Jeff Wiltse's prologue, which reexamines the election in 1912 that gave birth to the Corrupt Practices Act by examining the aftermath of the U.S. Supreme Court's burial of that law 100 years later.

Part I of the foreword considers the recent federal constitutional challenges that dismantled elements of the republican form of government that prevailed in Montana for the past century. …


Voter Id: Who Has Them? Who Shows Them?, Charles Stewart Iii Jan 2013

Voter Id: Who Has Them? Who Shows Them?, Charles Stewart Iii

Oklahoma Law Review

No abstract provided.


What Is The Value Of Participation?, Chad W. Flanders Jan 2013

What Is The Value Of Participation?, Chad W. Flanders

Oklahoma Law Review

No abstract provided.


P = E2 And Other Thoughts On What Is The Value Of Participation?, Michael J. Pitts Jan 2013

P = E2 And Other Thoughts On What Is The Value Of Participation?, Michael J. Pitts

Oklahoma Law Review

No abstract provided.


The Foundational Importance Of Participation: A Response To Professor Flanders, Joshua A. Douglas Jan 2013

The Foundational Importance Of Participation: A Response To Professor Flanders, Joshua A. Douglas

Oklahoma Law Review

No abstract provided.


Partisanship, Politics, And The Voting Rights Act: The Curious Case Of U.S. V. Ike Brown, Donald E. Campbell Jan 2013

Partisanship, Politics, And The Voting Rights Act: The Curious Case Of U.S. V. Ike Brown, Donald E. Campbell

Journal Articles

The Voting Rights Act of 1965 has been described as the "crown jewel" of the Civil Rights Movement. The success of the Act to remove official obstacles to voting is undeniable, and the influx of African American voters into the political system changed the nature of politics in the United States at all levels. The political and cultural context has changed so greatly that in 2006, it was politically possible for the President Bush's Justice Department to bring the first claim against an African American for violating the voting rights of white citizens. This article seeks to explain how this …


More On Veils: Reply To Levitt And Mueller, Chad Flanders Jan 2013

More On Veils: Reply To Levitt And Mueller, Chad Flanders

All Faculty Scholarship

I thank Justin Levitt and Derek Mueller for their thoughtful replies to my article, which have helped me (at least) to understand my own position better. I also thank the Florida Law Review for giving me the opportunity to briefly respond to them. I can't (and probably couldn't) give detailed or persuasive answers to their questions; instead, I want to flag some issues that they bring up, and which deserve fuller consideration than I was able to give in my article.