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Articles 121 - 143 of 143
Full-Text Articles in Law and Politics
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman
Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman
Articles
The Supreme Court's decision in Bush v. Gore, shutting down the recounts of Florida's vote in the 2000 presidential election and effectively awarding the election to George W. Bush, has struck many observers, including myself, as outrageous.' Decisions of the Supreme Court should be more than mere reflections of ideological or partisan preference thinly camouflaged behind legalistic language. It would therefore be pleasant to be able to believe that they are more than that. Accordingly, Judge Richard Posner's analysis,2 in which he defends the result reached by the Court-though not the path by which it got there-is particularly welcome. Though …
The Tyranny Of Elections: After The Coup In Pakistan, Ibpp Editor
The Tyranny Of Elections: After The Coup In Pakistan, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the political coup of Prime Minister Nawaz Sharif in Pakistan by General Pervez Musharraf. At issue is the difference between procedural and substantive justice.
The Fallacy Of Neutrality: Diary Of An Election Observer, Jeanne M. Woods
The Fallacy Of Neutrality: Diary Of An Election Observer, Jeanne M. Woods
Michigan Journal of International Law
Neutrality is one of many conceptual fictions of liberal discourse. A legal fiction is "contrived by the law" to facilitate adjudication of issues. Such fictions may serve as symbols, to make abstract concepts tangible or, they may be myths designed to promote some normative principle or goal. The problem arises when these fictions cease to be recognized as inventions, or as "presumptions about reality," and are believed to have an independent existence in reality. Then, they "purport to provide us with an objective and impersonal criterion, but they do not." According to the philosopher Alasdair MacIntyre, a fiction is "a …
The Empitness Of Majority Rule, Luis Fuentes-Rohwer
The Empitness Of Majority Rule, Luis Fuentes-Rohwer
Michigan Journal of Race and Law
In this Note, the author steers away from the current substantive debates surrounding the Voting Rights Act, its various amendments, and the "correct" way of interpreting its intended benefits and constitutionally accepted mandates. Instead, indirectly joins the many "radical" voices advocating for a departure from the majoritarian stranglehold-the decision-making process where fifty percent plus one of the voting population carry the election. The author does so not by suggesting yet another mechanism by which representatives may be elected, but by critiquing the perceived underpinnings of our democratic system of government. The author does not profess to delineate a definitive interpretation …
The Emptiness Of Majority Rule, Luis Fuentes-Rohwer
The Emptiness Of Majority Rule, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
Democratic Discussion, Don Herzog, Donald R. Kinder
Democratic Discussion, Don Herzog, Donald R. Kinder
Book Chapters
"Democracy," remarked H. L. Mencken, "is the theory that the common people know what they want, and deserve to get it good and hard." Mencken found American politics a droll spectacle and showered contempt on the dullards he named "the booboisie." Plenty of other intelligent and perceptive observers have concluded that ordinary citizens are flatly incapable of shouldering the burdens of democracy. Uninformed and uninterested, absorbed in the pressing business of private life, unable to trace out the consequences of political action, citizens possess neither the skills nor the resources required for what Walter Bagehot pithily named "government by discussion." …
The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner
The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner
Fordham Urban Law Journal
Campaign finance programs, such as New York City's, limit the influence of private money on candidates and come at a relatively modest cost to taxpayers. Campaign finance reform programs, thus, increase the extent to which elections are truly competitive. During a fiscal crisis, we therefore have an even greater need for campaign finance reform and the meaningful democratic elections that reform fosters to ensure that voters generally, rather than special interests, dictate how scarce resources should be allocated. Reform is also necessary to give voters the confidence that their elected officials represent them, and not just wealthy donors, particularly in …
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Deconstruction And The Impossibility Of Justice, Thomas Keenan
Cardozo Law Review
No abstract provided.
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …
Ballot Access Laws In West Virginia--A Call For Change, David Kurtz
Ballot Access Laws In West Virginia--A Call For Change, David Kurtz
West Virginia Law Review
No abstract provided.
Regulating Campaign Activity: The New Road To Contradiction?, Sanford Levinson
Regulating Campaign Activity: The New Road To Contradiction?, Sanford Levinson
Michigan Law Review
A Review of Politics and Money: The New Road to Corruption by Elizabeth Drew
Election Law And Election Reform: Strategy For The Long Run, Stephen E. Gottlieb
Election Law And Election Reform: Strategy For The Long Run, Stephen E. Gottlieb
West Virginia Law Review
No abstract provided.
Adams V. Askew: The Right To Vote And The Right To Be A Candidate-Analogous Or Incongruous Rights?
Adams V. Askew: The Right To Vote And The Right To Be A Candidate-Analogous Or Incongruous Rights?
Washington and Lee Law Review
No abstract provided.
Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining
Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining
Articles
The fact that the 1972 presidential election introduced the formalities and some of the ideals of law into the gestation of national political power has been overshadowed by revelations about other aspects of the election campaign. But it will not be long before power will have to be organized and generated again from apartment blocks, meeting halls, and coffee parties, and ultimately incarnated in another President. At some point hearing examiners for the National Democratic Party will appear again in various communities. Rules will be studied, records made, and appeals taken, all for the purpose of deliberately deciding who may …
Regulation Of Campaign Funding And Spending For Federal Office, Roscoe L. Barrow
Regulation Of Campaign Funding And Spending For Federal Office, Roscoe L. Barrow
University of Michigan Journal of Law Reform
This article will detail significant data on campaign funding and spending, describe the major laws for regulating campaign funding and spending, analyze the constitutional issues raised by these laws, and propose changes to render the laws safer from attack on grounds of unconstitutionality and more effective in achieving a viable election process.
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Michigan Law Review
In general, both in the two-year interval between Baker v. Carr and Reynolds v. Sims and in the period following the reapportionment decisions of June 1964, discussion of the issue among scholars and publicists has tended to center upon four problems of varying scope and precision: (1) the jurisdiction of the federal courts to pass upon aspects of state legislative apportionment; (2) the justiciability of the same matter; (3) the substantive merits of the several cases; and, (4) the implications of the decisions for democratic theory and practice. No attempt is made here to reopen the argument about federal jurisdiction; …
Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal
Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal
Villanova Law Review (1956 - )
No abstract provided.
The Triumph Of The Democratic Party In Kentucky As Revealed Through The Elections Of 1860-1868, Jim Muir Cotton
The Triumph Of The Democratic Party In Kentucky As Revealed Through The Elections Of 1860-1868, Jim Muir Cotton
Tennessee State University Alumni Theses and Dissertations
No abstract provided.
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.
Eligibility To Office--As Of What Time Determined, Floyd R. Mechem
Eligibility To Office--As Of What Time Determined, Floyd R. Mechem
Articles
Eligibility to office under our political system cannot be regarded as a natural right, and some rules or regulations are therefore obviously indispensable to determine what shall be the qualifications which shall be deemed necessary or sufficient. These rules are usually express and written ones, though in a few cases they have been deduced by inference from considerations of policy or propriety
How May Presidential Electors Be Appointed?, Bradley M. Thompson
How May Presidential Electors Be Appointed?, Bradley M. Thompson
Articles
For more than half a century presidential electors have been chosen upon a general ticket in all the states. This was not the uniform practice at first. Judge Cooley in the last number of the JOU11NAL makes it clear that at least four different methods were at first adopted, one of them, the "district system," being that selected by the last legislature of Michigan. Following Judge Cooley's article is one by Gen. B. M. Cutcheon attacking this system on two grounds: First, that it is in conflict with the Constitution of the United States; and, secondly, that it is mischievous …
The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt
The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt
Articles
Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.