Election Law Commons^™

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Disenfranchisement, Voter Disqualifications, And Felony Convictions: Searching For State Law Uniformity, Christian A. Johnson

Widener Commonwealth Law Review

The right to vote of an individual who has been convicted of a felony has historically been subject to state law restrictions. Currently, approximately 5 million individuals in the United States are estimated to have their right to vote limited due to a felony conviction. Although forty-eight out of the fifty states currently restrict the right of an individual convicted of a felony to vote, these restrictions are remarkably disparate and non-uniform with respect to voter disqualification. Moreover, these statutes continue to evolve in a haphazard manner. Consequently, the extent and duration for which an individual convicted of a felony …

Incumbent Protection In Legislative Redistricting: First Principles And The Constitution, David N. Wecht, Brett Graham

Widener Commonwealth Law Review

In American politics, few things are more predictable than the reelection of a member of the U.S. House of Representatives. Congress’ perennial unpopularity notwithstanding, the House reelection rate has been as high as 98 percent in recent cycles, and very rarely dips below 90 percent. Incumbent advantage extends to the states as well: in 2020, 95 percent of state legislators nationwide won reelection. Political scientists often attribute this phenomenon to name recognition, consolidation of party support, fundraising superiority, or some combination thereof. Legal observers, though, might search elsewhere for an additional factor.

Indonesia’S Identity Politics And Populism: Disruption To National Cohesion, Firdaus Arifin, Rosa Tedjabuwana, Subelo Wiyono, Mohd Kamarulnizam Bin Abdullah

Jurnal Civics: Media Kajian Kewarganegaraan

The principle of unity in diversity in Indonesia is increasingly challenged by the rise of identity politics and populism. These dynamics emerge as a confluence of pragmatic political strategies and the mobilization of sectarian groups, often leveraging religious and ethnic sentiments during election campaigns. While effective in garnering popular support, such tactics undermine national unity and social cohesion, serving as a shortcut to power at the cost of societal harmony. This issue is particularly pronounced in district head elections, where the politicization of tribal, religious, racial, and inter-community identities has become pervasive. These elections, intended to reflect democratic principles, are …

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …

Voter F̶R̶A̶U̶D̶ Mistake, Benjamin Plener Cover

William & Mary Bill of Rights Journal

False narratives challenging electoral integrity often cite ineligible voting as a prime example of so-called widespread voter fraud. This Article demonstrates that ineligible voting often consists of mistakes that are problematically treated like fraud. Some jurisdictions criminalize ineligible voting on a strict liability basis, imposing punishment even when the ineligible voter is unaware of her ineligibility. When jurisdictions impose this strict criminal liability, mistakes are often misunderstood or misrepresented as fraud. This harsh and confused treatment of voter mistake undermines the criminal justice system by severing criminality from culpability, punishing good faith democratic participation, targeting marginalized populations, and amplifying systemic …

Justice Kavanaugh’S Tee: What Is The Court Brewing?, Elijah J. Miller

Nevada Law Journal

No abstract provided.

From Bots To Ballots: Democratic Integrity In The Era Of Digital Manipulation, Dalit Ken-Dror Feldman, Yifat Nahmias

Minnesota Journal of Law, Science & Technology

No abstract provided.

Preparing For Election Disruptions In 2024, Norman J. Ornstein

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

The U.S. Electoral System And Foreign Interference, Jeremi Suri

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

The Electoral Count Reform Act In 2024, Adav Noti

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

The County Certification Problem, Jenny Gimian

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Litigating The 2024 Election, Richard Pildes

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Fusing To Combat Slavery: Third-Party Politics In The Pre-Civil War North, Corey M. Brooks, Beau C. Tremitiere

St. John's Law Review

This Article examines how antislavery third parties used electoral fusion—the practice by which a candidate can appear as the nominee of multiple political parties—to mobilize antislavery political power in the 1840s and 1850s. Highlighting several striking and consequential examples of how Liberty, Free Soil, and early Republican partisans cross-nominated candidates also supported by another party, this Article sheds light on a pivotal chapter in the long and important history of this electoral tactic. The critical role electoral fusion played at key points in American political history casts further doubt on the legitimacy of contemporary state anti-fusion restrictions, whose constitutionality is …

Interference With The Democratic Process As Public Nuisance, Richard C. Boldt, Donald G. Gifford

Faculty Scholarship

This Article argues that the tort of public nuisance provides a vehicle for holding accountable those engaged in antidemocratic conduct. Recent history suggests that neither the criminal justice system nor Constitutional checks and balances are always up to the task. Following the 2020 election, some supporters of President Trump stormed the Capitol to prevent the counting of the electoral votes, tampered with election machines, and intimidated election workers and voters. Depending on the results of the 2024 election, criminal charges against Trump and some of his followers may be dismissed. The Senate failed to convict the President on articles of …

Voting Rights Restoration, Alisha Bazemore, Chicnee Brown, Melvin Roy, Angela Waller

The Grace E. Harris Leadership Institute Publications

No abstract provided.

Letters From A Fragmented Democracy, Maureen Edobor

Scholarly Articles

This piece confronts the stakes of our current trajectory by looking to the future. It presents six fictional letters to illustrate where today’s ominous currents could lead. In this imagined tomorrow, contemporary voting restrictions, judicial erosion, and administrative manipulation have gradually hollowed out the franchise, transforming formal democracy into little more than an empty spectacle. Each letter voices a different facet of democratic erosion: a voter disenfranchised by bureaucratic hurdles, a candidate’s voice hijacked by deepfake technology, a neighbor ensnared by punitive voting laws, a community erased by gerrymandering, a campaign drowned in dark money, and even a corporate memo …

Election Law, Maureen A. Edobor, John J. Martin

Scholarly Articles

This is the first year the University of Richmond Law Review has surveyed recent developments in Virginia’s campaign and election laws since 2015. Since then, Virginia’s voting and election statutes have changed significantly, making it one of the most accessible states to vote in, although the campaign finance regulatory framework remains relatively weak. This Article provides a general overview of the state of the law governing (1) campaign finance; (2) voter access and list maintenance; (3) election systems and administration; and (4) redistricting, focusing on significant updates in the past two decades.

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Virginia's Congressional Districts Are Unconstitutional, Kevin C. Walsh

Scholarly Articles

The Elections Clause in Article I of the U.S. Constitution provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.” This Essay will show that Virginia's current congressional districts were not established in compliance with the Elections Clause. These congressional districts were prescribed by the Supreme Court of Virginia, not by “the Legislature” or by any other body exercising legislative power to establish districts. Because judicial power is the only power that …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Corporate Scenarios: Drawing Lessons From History, Madison Condon

Seattle University Law Review

As corporations are increasingly pressed to reveal information about their exposure to climate-related risks, they are often asked to undertake and disclose the outcome of “scenario analysis.” In this exercise, corporations, including financial institutions, examine how their business would fare under different pathways the future may take. One oft-used scenario, for example, is the International Energy Agency’s “Net-Zero by 2050: A Roadmap for the Energy Sector.” This Essay presents a history of the use of scenarios as a corporate planning tool, particularly in the oil industry, arguing that it is key for understanding our present moment and the role of …

Shareholder Expression In A Time Of Heightened Political Tension, Aaron A. Dhir

Seattle University Law Review

In this article, I provide context for my forthcoming research project on shareholder proposals and racial equity audits. Since the murder of George Floyd in May of 2020, progressive shareholder actors have increasingly used the proposal mechanism to advance diversity, equity, inclusion, and justice-related goals. These proposals have frequently gone beyond requesting the usual corporate fare of diversity trainings, intersectionality workshops, affinity groups, etc. Instead, a more ambitious type of proposal asks corporate America to conduct racial equity audits, defined as “an independent, objective and holistic analysis of a company’s policies, practices, products, services and efforts to combat systemic racism …