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 …
Blacks And Voting Rights In Nevada,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Blacks And Voting Rights In Nevada, Rachel J. Anderson
Scholarly Works
This article is a brief foray into black suffrage and equal rights in Nevada legal history. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.
Ballot Design As Fail-Safe: An Ounce Of Rotation Is Worth A Pound Of Litigation,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ballot Design As Fail-Safe: An Ounce Of Rotation Is Worth A Pound Of Litigation, Mary Beth Beazley
Scholarly Works
For generations, some candidates have argued that first-listed candidates gain ‘‘extra’’ votes due to primacy effect, recommending ballot rotation to solve the problem. These votes, however, are generally intentional votes, accurately cast, and rotation is controversial. This article argues that rotation is appropriate because it mitigates the electoral impact of not only primacy effect, but also of two categories of miscast votes. First, rotation mitigates the impact of proximity-mistake votes, which can occur even on well-designed ballots when voters mis-vote for a candidate in proximity to their chosen candidate. Second, rotation mitigates the impact of mis-votes caused by flawed ballot …
What Was Wrong With The Record?,
2013
University of Michigan Law School
What Was Wrong With The Record?, Ellen D. Katz
Articles
Shelby County v. Holder offers three reasons for why the record Congress amassed to support the 2006 reauthorization of the Voting Rights Act (VRA) was legally insufficient to justify the statute's continued regional application: (1) the problems Congress documented in 2006 were not as severe as those that prompted it to craft the regime in 1965; (2) these problems did not lead Congress to alter the statute's pre-existing coverage formula; and (3) these problems did not exclusively involve voter registration and the casting of ballots.
Redistricting Litigation And The Delegation Of Democratic Design,
2013
University of Washington School of Law
Redistricting Litigation And The Delegation Of Democratic Design, Lisa Marshall Manheim
Articles
This Article seeks to reveal how the practice of litigating as redistricting, which has evolved into a form of litigation highly susceptible to procedural manipulation, has created a type of redistricting that grants profound power to those who choose to litigate. In so doing, this Article rejects any understanding of the redistricting process that understands the influence of litigants to be somehow negated or neutralized by the involvement of courts. It recognizes, moreover, that many of the defining features of redistricting litigation–which are, in certain respects, analogous to those characterizing other problematic forms of litigation–nevertheless reflect some of the most …
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.
P = E2 And Other Thoughts On What Is The Value Of Participation?,
2013
Indiana University School of Law, Indianapolis
P = E2 And Other Thoughts On What Is The Value Of Participation?, Michael J. Pitts
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 …
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, …
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 …
