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Articles 2071 - 2100 of 3037
Full-Text Articles in Election Law
Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin
Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin
Nevada Law Journal
No abstract provided.
The Case For Hand-Counted Paper Ballots, Jana Nestlerode
The Case For Hand-Counted Paper Ballots, Jana Nestlerode
Criminal Justice Faculty Publications
No abstract provided.
California Democratic Party V. Jones: Invalidation Of The Blanket Primary, Teresa Macdonald
California Democratic Party V. Jones: Invalidation Of The Blanket Primary, Teresa Macdonald
Pepperdine Law Review
No abstract provided.
Reasonable Restrictions On The Franchise: Georgia's Voter Identification Act Of 2006, Joseph M. Colwell
Reasonable Restrictions On The Franchise: Georgia's Voter Identification Act Of 2006, Joseph M. Colwell
Mercer Law Review
In Democratic Party of Georgia, Inc. v. Perdue, the Georgia Supreme Court declared constitutional the Voter Identification Act of 2006 (2006 Act), insofar as it required registered Georgia voters to present valid photo identification at the polls when voting in person in any Georgia election. The 2006 Act was the most recent amendment in a series of iterations of section 21-2-417 of the Official Code of Georgia Annotated (O.C.G.A.)-the provision of the Georgia code imposing certain polling requirements for in-person voting. Each version of the law has generated much controversy as to polling and voting requirements in Georgia, and …
Both Sides Will Need To Raise Their Game, Tan K. B. Eugene
Both Sides Will Need To Raise Their Game, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Now that the Hougang by-election is over, the Workers' Party (WP) and the People's Action Party (PAP) will conduct their post-mortems. SMU Assistant Professor Eugene Tan wrote that ?Among the key questions would be how they campaigned and how they can deal with the issues that the hustings threw up. For the WP, how can it keep Hougang in its fold and grow the famed "Hougang Spirit"? How can it be less reliant on its charismatic leader Low Thia Khiang? For the PAP, how can it make significant gains and be more competitive in Hougang?? He concludes that what the …
Battle For Undecided Voters In Hougang, Tan K. B. Eugene
Battle For Undecided Voters In Hougang, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor and NMP Eugene Tan commented on the battle for undecided voters in Hougang prior to the by-election this Saturday. He wrote that the political stakes are not so high in this by-election. Although the WP has more to lose this round, the stakes are calibrated differently in their first head-to-head contest since GE2011, and the parties must remember that this by-election is but a "battle" only. Instead, the PAP and WP would do well to stay focused on acquitting themselves well in the long haul before the next General Election. The priority for both parties is to …
Reinventing Sovereignty?: Federalsim As A Constraint On The Voting Rights Act, Franita Tolson
Reinventing Sovereignty?: Federalsim As A Constraint On The Voting Rights Act, Franita Tolson
Vanderbilt Law Review
The legal landscape has changed significantly since Congress passed the Voting Rights Act of 1965 ("VRA" or "the Act"). Even though Congress amended the Act in 2006, these amendments have done little to address the new obstacles faced by minority communities who seek to expand their electoral opportunities.' Some of these obstacles are political, as partisan forces have often manipulated the Act for electoral gain, but the greatest obstructions have been judicial. The Supreme Court has strongly implied that Congress might violate principles of federalism by requiring states to preclear their redistricting plans with the Department of Justice; has held …
Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy
Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy
Pepperdine Dispute Resolution Law Journal
The initiative Proposition 187 has been a catalyst for change. Supporters heralded it as the solution to "Save Our State" from the ills of illegal immigration. Those who opposed it, used Proposition 187 as a battle cry to mobilize a disenfranchised minority. Irrespective of ideology, Proposition 187 ended as no one could have predicted in November 1994 when it passed, 59% to 41%. When Governor Gray Davis inherited the Proposition 187 appeal from former Governor Pete Wilson, Governor Davis took the unprecedented step of seeking to resolve the conflict through mediation rather than actively defending Proposition 187 on appeal to …
Meaningful Information, Meaningful Retention, Jordan M. Singer
Meaningful Information, Meaningful Retention, Jordan M. Singer
The Docket
Jordan M. Singer reflects on the uncertain future of judicial retention elections, in response to Todd E. Pettys's Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, 60 Buff. L. Rev. 69.
The Global "Parliament Of Mothers": History, The Revolutionary Tradition, And International Law In The Pre-War Women's Movement, Susan Hinely
Chicago-Kent Law Review
In spite of recent literature that examines late nineteenth and early twentieth century transnational movements in innovative ways, the largest transnational movement of that period, the women's movement, remains lodged in academic and popular memory as the "suffrage movement," a single-issue campaign waged by privileged Victorian women, a foregone development in the march of electoral progress that ended in victory with postwar enfranchisement. A fresh approach to the suffrage archive reveals instead a far more radical movement than conventional history suggests, one that explicitly linked its cause with both the revolutionary democratic tradition and with anti-colonial activism. Like the non-Western …
Beyond Citizens United, John Paul Stevens
Beyond Citizens United, John Paul Stevens
The Journal of Appellate Practice and Process
No abstract provided.
Enlivening Election Law, Joshua A. Douglas
Enlivening Election Law, Joshua A. Douglas
Law Faculty Scholarly Articles
Election law cases are often lengthy and include complex discussion of constitutional doctrines. Moreover, there is rarely a clear-cut answer to a tricky election law question. The field is full of balancing tests, competing interests to weigh, and ever-shifting standards. A challenge for Election Law teachers, then, is to ensure that the long judicial opinions and difficult constitutional doctrines undergirding the field of election law do not bury the vibrancy of the topic. One way to keep an Election Law course student-friendly is to make frequent use of electronic media. Election law is well-suited to the adoption of images, videos, …
Mediation And Post-Election Litigation: A Way Forward, Rebecca Green
Mediation And Post-Election Litigation: A Way Forward, Rebecca Green
Faculty Publications
No abstract provided.
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
The Filibuster Of Judicial Nominations: Constitutional Crisis Or Politics As Usual?, Arthur L. Rizer Iii
Pepperdine Law Review
No abstract provided.
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Georgia V. Ashcroft: It's The End Of Section 5 As We Know It (And I Feel Fine) , Michael J. Pitts
Pepperdine Law Review
No abstract provided.
The Political Process, Elizabeth Garrett
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Pepperdine Law Review
No abstract provided.
Campaign Finance And Randall V. Sorrell: How Much Is Too Much And Who Decides? The Court's Splintering Devotion To Its Own Problematic Framework, Natalie Rainforth
Campaign Finance And Randall V. Sorrell: How Much Is Too Much And Who Decides? The Court's Splintering Devotion To Its Own Problematic Framework, Natalie Rainforth
Pepperdine Law Review
No abstract provided.
Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier
Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier
Pepperdine Law Review
No abstract provided.
Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald
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 …
The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff
The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff
Pepperdine Law Review
This essay explores the potential implications of the creation of a distinct "election period" through the BCRA reforms to campaign finance law. The idea of a separate set of rights of expression during the immediate pre-election period is a relative newcomer to American law, but is a central feature of campaign finance law in other countries. The creation of a defined election period is the underpinning of strong restrictions on political speech in countries such as Britain, and is currently the source of tension under European law. Recent decisions of the European Court of Human Rights, most notably in Bowman …
Majority Voting In The Eu: Beneficial Or Just Equally Harmful, Elizabeth Degori
Majority Voting In The Eu: Beneficial Or Just Equally Harmful, Elizabeth Degori
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers
Importing Democracy: Can Lessons Learned From Germany, India, And Australia Help Reform The American Electoral System?, Amanda Kelley Myers
Pepperdine Law Review
No abstract provided.
Increasing Youth Participation: The Case For A National Voter Pre-Registration Law, Ceridwen Cherry
Increasing Youth Participation: The Case For A National Voter Pre-Registration Law, Ceridwen Cherry
University of Michigan Journal of Law Reform
Lagging youth participation rates threaten participatory democracy and undermine the representation of young people's interests in elected government. However, the percentage of registered youth who actually cast ballots is very high. The correlation between registration and actual voter participation suggests that when given assistance and greater opportunities to register, young citizens will vote. This Note proposes a national pre-registration law that would allow voter registration to begin at age sixteen. Such a law would be feasible, constitutional, and politically viable and may increase not only the voter participation of young people, but also the socioeconomic diversity of the electorate.
A Tilt In Favour Of The Older Generation, Less Fortunate, Tan K. B. Eugene
A Tilt In Favour Of The Older Generation, Less Fortunate, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor of Law Eugene Tan writes that although there are generally no significant handouts, offsets or goodies, Budget 2012 addresses some of the key genuine concerns of Singaporeans during the May 2011 General Election. It is also expected to generate a surplus of S$1.3 billion at a time when many advanced economies are in recession and with significant deficits.
The Value Of A By-Election, Tan K. B. Eugene
The Value Of A By-Election, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor of Law Eugene K B Tan argues that if Parliament eventually determines that the Hougang seat has been vacated with the expulsion of Mr Yaw Shin Leong from the Workers' Party (WP), the spotlight will shift to Prime Minister Lee Hsien Loong who will advise the President whether to issue an election writ stipulating when a by-election is to be held.
Defining Corruption And Constitutionalizing Democracy, Deborah Hellman
Defining Corruption And Constitutionalizing Democracy, Deborah Hellman
Faculty Scholarship
The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on giving and spending money in connection with elections only when they serve to avoid corruption or its appearance. The constitutionality of such laws, therefore, depends on how the Court defines corruption. Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly. While supporters and critics of campaign finance laws have argued for and against these different formulations, both sides have missed the more …
The Political Speech Of Charities In The Face Of Citizens United: A Defense Of Prohibition, Roger Colinvaux
The Political Speech Of Charities In The Face Of Citizens United: A Defense Of Prohibition, Roger Colinvaux
Scholarly Articles
The Supreme Court’s decision in Citizens United v. Federal Election Commission makes a Supreme Court challenge to the tax law rule that prohibits charities from involvement in political activities more likely, and a reexamination of the political speech of charities necessary. Part I of the Article surveys the history of the political activities prohibition in order to emphasize that it was not a reactionary policy but quite considered, and that there are strong State interests supporting it, including protection of the definition of charity from further dilution. Part II of the Article analyzes Citizens United in detail and argues that …
Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas
Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas
Law Faculty Scholarly Articles
This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …
Resolving Disputed Elections Through Negotiation, Rishi Batra
Resolving Disputed Elections Through Negotiation, Rishi Batra
Faculty Articles
Could a disputed election—one in which the winner is not clear and the result is within the "margin of litigation"—be resolved through a negotiated result? Given the "winner take all" nature of these elections, where one candidate ends up holding the office, and all others do not, it would seem that negotiated solutions and other alternative dispute resolution techniques would have no application. This article explores why self-interested candidates and their associated parties may be interested in a negotiated outcome, what the scope of such an agreement could look like, and how to overcome barriers to such a negotiated result.