Just How Youthful Should Voters Be? Part Iii: Why We Need A Conception Of Electoral Competence, And Its Implications For Adults With Cognitive Impairments,
2013
William & Mary Law School
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,
2013
William & Mary Law School
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],
2013
William & Mary Law School
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,
2013
Pacific McGeorge School of Law
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,
2013
Pacific McGeorge School of Law
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,
2013
Pacific McGeorge School of Law
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,
2013
George Washington University Law School
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,
2013
Alexander Blewett III School of Law at the University of Montana
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?,
2013
Massachusetts Institute of Technology
Voter Id: Who Has Them? Who Shows Them?, Charles Stewart Iii
Oklahoma Law Review
No abstract provided.
What Is The Value Of Participation?,
2013
Saint Louis University School of Law
What Is The Value Of Participation?, Chad W. Flanders
Oklahoma Law Review
No abstract provided.
The Foundational Importance Of Participation: A Response To Professor Flanders,
2013
University of Kentucky
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,
2013
Mississippi College School of Law
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 …
Mapping A Post-Shelby County Contingency Strategy,
2013
Indiana University Maurer School of Law
Mapping A Post-Shelby County Contingency Strategy, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
Professors Guy-Uriel E. Charles and Luis Fuentes-Rohwer argue that voting rights activists ought to be prepared for a future in which section 5 is not part of the landscape. If the Court strikes down section 5, an emerging ecosystem of private entities and organized interest groups of various stripes—what they call institutional intermediaries—may be willing and able to mimic the elements that made section 5 an effective regulatory device. As voting rights activists plot a post-Shelby County contingency strategy, they should both account for institutional intermediaries and think about the types of changes that could enhance the ability of these …
Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement,
2013
The Catholic University of America, Columbus School of Law
Blocking The Ballot: Why Florida’S New Voting Restrictions Demonstrate A Need For Continued Enforcement Of The Voting Rights Act Preclearance Requirement, Michael Ellement
Catholic University Law Review
No abstract provided.
Procedural Fairness In Election Contests,
2013
University of Kentucky
Procedural Fairness In Election Contests, Joshua A. Douglas
Indiana Law Journal
No abstract provided.
A Constitutional Right To Lie In Campaigns And Elections?,
2013
University of California, Irvine School of Law
A Constitutional Right To Lie In Campaigns And Elections?, Richard L. Hasen
Montana Law Review
After Alvarez, the state may no longer have the power to ban or punish malicious false campaign speech, whether made by candidates or others. The result of this conclusion is that we are likely to see more false campaign speech in elections, including some brazen lies. With candidates’ pants increasingly on fire, and with the wooden noses of campaign consultants growing ever longer, the question is whether counterspeech—from opposing candidates, the media, and perhaps the government—will be enough to give voters the tools they need to make intelligent choices. I take solace in Jack Shafer’s depressing observation that most voters …
Taking Opt-In Rights Seriously: What Knox V. Seiu Could Mean For Post-Citizens United Shareholder Rights,
2013
Stetson University College of Law
Taking Opt-In Rights Seriously: What Knox V. Seiu Could Mean For Post-Citizens United Shareholder Rights, Ciara Torres-Spelliscy
Montana Law Review
Our nation has struggled with regulating money in politics for centuries. In the normal course of events, the political branches, the 50 states, or voters choose the contours of such regulations. Knox is remarkable because it makes the Supreme Court the source of a national paycheck protection rationale, at least in the case of special assessments for public-sector unions. But Knox raises the intriguing possibility that a future Supreme Court (instead of a state legislature or Congress) could impose a shareholder consent rule. In the meantime, the onus is on state legislatures, Congress, administrative agencies, and American voters to bring …
The Separation Of Electoral Powers,
2013
Ohio State University, Moritz College of Law
The Separation Of Electoral Powers, Edward B. Foley
Montana Law Review
The separation of electoral powers, as outlined in this essay, is a progression in the evolution of republican political theory. Just as Madison improved upon Montesquieu, so too is it necessary for our generation to improve upon Madison in light of our experience with the Madisonian system since the founding of our federal republic. I harbor no illusions that the system described will be adopted anytime soon. Yet aspects of this system are already being put into place, as increasing numbers of democratic republics—both American states and others abroad—adopt nonpartisan institutions for different aspects of the electoral process (whether redistricting, …
Shelby County V. Holder: Why Section 2 Matters,
2013
University of Michigan Law School
Shelby County V. Holder: Why Section 2 Matters, Ellen D. Katz
Articles
Editor’s Note: Professor Ellen D. Katz writes and teaches about election law, civil rights and remedies, and equal protection. She and the Voting Rights Initiative at Michigan Law filed a brief as amicus curiae in Shelby County v. Holder, on which the U.S. Supreme Court heard oral arguments February 27. Here, she examines why Section 2 of the Voting Rights Act bears consideration in the case, which involves a challenge to Section 5 of the act.
The Potential For Abuse In Developer-Controlled Community Development Districts,
2013
Barry University School of Law
The Potential For Abuse In Developer-Controlled Community Development Districts, Paul D. Asfour
Barry Law Review
The scope of this article is to discuss Florida Community Development Districts and their potential for abuse and mismanagement on the part of the developers that control them through the developer elected boards of supervisors (boards). This article will discuss the various statutes that control both the districts and their respective boards. In addition, this article will recommend changes to certain sections of those statutes to better protect the residents, who are subject to the districts’ control, from developers who put profit and personal gain above the best interests of the districts they control and the districts’ residents, who have …
