Election Law Commons^™

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

University of Richmond Law Review

No abstract provided.

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

Pepperdine Law Review

No abstract provided.

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 …

Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki

Pepperdine Law Review

No abstract provided.

Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald

Pepperdine Law Review

This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …

Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos

Scholarly Works

The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …

One Person, One Vote, One Application: District Court Decision In Ray V. Texas Upholds Texas Absentee Voting Law That Disenfranchises Elderly And Disabled Voters, Sean Flynn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles

University of Richmond Law Review

No abstract provided.

Judging The Law Of Politics, Guy-Uriel Charles

Michigan Law Review

Election law scholars are currently engaged in a vigorous debate regarding the wisdom of judicial supervision of democratic politics. Ever since the Court's 1962 decision in Baker v. Carr, the Court has increasingly supervised a dizzying array of election-related matters. These include the regulation of political parties, access to electoral ballots, partisanship in electoral institutions, the role of race in the design of electoral structures, campaign financing, and the justifications for limiting the franchise. In particular, and as a consequence of the Court's involvement in the 2000 presidential elections in Bush v. Gore, a central task of election …

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Reforms In Florida After The 2000 Presidential Election, Jon L. Mills

UF Law Faculty Publications

Much has been written concerning the Florida recount, and the final U.S. Supreme Court decision in Bush v. Gore. Moreover, the popular media has mostly focused on the negatives of the Florida recount without delving into the exact reasons why Florida became the epicenter of this controversy. Not much has been written pinpointing the actual circumstances precipitating Florida's position after the election, nor discussing the theoretical underpinning of Florida election law, which embraces a broad liberal concept of respecting the “will of the voter.”

By examining both the actual circumstances surrounding Florida in 2000 and recognizing that Florida election …

Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner

Journal Articles

In recent years, perhaps no institution of American governance has been so thoroughly and consistently excoriated by legal theorists as the familiar American system of winner-take-all elections. The winner-take-all system is said to waste votes, lead to majority monopolization of political power, and cause the under representation and consequent social and economic subordination of political minorities. Some political scientists have attempted to defend winner-take-all systems on the ground that they perform better than PR in maximizing long-term collective and social interests. This article argues, in contrast, that winner-take-all electoral systems rest upon, and can be adequately defended, if at all, …

Enclave Districting, Henry L. Chambers, Jr.

Law Faculty Publications

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus on …

The Emptiness Of Majority Rule, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.