Legislative Delegations And The Elections Clause, 2016 Pepperdine University School of Law
Legislative Delegations And The Elections Clause, Derek T. Muller
Florida State University Law Review
No abstract provided.
Rescuing Retrogression, 2016 Indiana University MicKinney School of Law
Rescuing Retrogression, Michael J. Pitts
Florida State University Law Review
No abstract provided.
Voting Is Association, 2016 The Ohio State University Moritz College of Law
Voting Is Association, Daniel P. Tokaji
Florida State University Law Review
No abstract provided.
Aggregate Corruption, 2016 University of Virginia School of Law
Aggregate Corruption, Michael D. Gilbert, Emily Reeder
Kentucky Law Journal
No abstract provided.
A Most Precious Right: Equal Protection, Voter Photo Identification, And The Battle Brewing In Texas, 2016 University of Georgia School of Law
A Most Precious Right: Equal Protection, Voter Photo Identification, And The Battle Brewing In Texas, Emily V. Cox
Georgia Law Review
On a Tuesday in November, millions of Americans show
up and cast their votes, even in the face of cynicism,
perceived futility, and disappointment with the politicians
in Washington. It is the birthright of every citizen, and
there is simply nothing more fundamentally American.
The future of this right is now uncertain in the wake of the
United States Supreme Court decisions Crawford and
Shelby County. This Note suggests finding certainty by
re-framing the current test for the constitutionality of state
voting restrictions, the Anderson-Burdick Balancing Test.
This new imagining of the current test hinges on
identifying the nature of …
In Defense Of Lowering The Voting Age, 2016 University of Kentucky
In Defense Of Lowering The Voting Age, Joshua A. Douglas
Law Faculty Scholarly Articles
This Essay outlines the various policy arguments in favor of lowering the voting age to sixteen. Part I presents a very brief history of the voting age in U.S. elections. It notes that setting the voting age at eighteen is, in many ways, a historical accident, so lowering the voting age for local elections does not cut against historical norms. Part II explains that there are no constitutional barriers to local jurisdictions lowering the voting age for their own elections. Part III highlights the benefits to democracy and representation that lowering the voting age will engender. Turning eighteen represents a …
Voting Realism, 2016 University of Baltimore School of Law
Voting Realism, Gilda R. Daniels
Kentucky Law Journal
Since Shelby County v. Holder, the country has grown accustomed to life without the fl! strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modem day voting rights violations. In this new normal, the country should adopt "voting realism" as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.
Gender And The Structural Constitution, 2016 University of Maryland School of Law
Gender And The Structural Constitution, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
First Amendment Freeze Play: Bennett'S Strategy For Entrenching Inequality, 2016 University of Maryland Francis King Carey School of Law
First Amendment Freeze Play: Bennett'S Strategy For Entrenching Inequality, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Quick And Dirty: The New Misreading Of The Voting Rights Act, 2016 Loyola Law School, Los Angeles
Quick And Dirty: The New Misreading Of The Voting Rights Act, Justin Levitt
Florida State University Law Review
The role of race in the apportionment of political power is one of the thorniest problems at the heart of American democracy, and reappears with dogged consistency on the docket of the Supreme Court. Most recently, the Court resolved a case from Alabama involving the Voting Rights Act and the appropriate use of race in redistricting. But though the Court correctly decided the narrow issue before it, the litigation posture of the case hid the fact that Alabama is part of a disturbing pattern. Jurisdictions like Alabama have been applying not the Voting Rights Act, but a ham-handed cartoon of …
Making Corporate Law More Communitarian: A Proposed Response To The Roberts Court's Personification Of Corporations, 2016 Brooklyn Law School
Making Corporate Law More Communitarian: A Proposed Response To The Roberts Court's Personification Of Corporations, Robert M. Ackerman, Lance Cole
Brooklyn Law Review
Both Citizens United and Hobby Lobby are notable for the Roberts Court’s personification of the corporation. In Citizens United, the United States Supreme Court expanded corporate speech rights in a political context; in Hobby Lobby, it accorded religious rights to corporations in an unprecedented manner. This article explains how the Court’s expansion of corporate personification has ignored both traditional corporate law doctrine regarding shareholder primacy and the fundamental distinction in corporate law between the corporate entity and the shareholders who control it.
The article takes a communitarian approach to corporate law analysis, recognizing that corporations play useful roles …
A "Checklist Manifesto" For Election Day: How To Prevent Mistakes At The Polls, 2016 University of Kentucky College of Law
A "Checklist Manifesto" For Election Day: How To Prevent Mistakes At The Polls, Joshua A. Douglas
Florida State University Law Review
Mistakes happen—especially at the polls on Election Day. To fix this complex problem inherent in election administration, this Article proposes the use of simple checklists. Errors occur in every election, yet many of them are avoidable. Poll workers should have easy-to-use tools to help them on Election Day as they handle throngs of voters. Checklists can assist poll workers in pausing during a complex process to avoid errors. This is a simple idea with a big payoff: fewer lost votes, shorter lines at the polls, a reduction in post-election litigation, and smoother election administration. Further, unlike many other suggested election …
The Nineteenth Amendment Enforcement Power (But First, Which One Is The Nineteenth Amendment, Again?), 2016 Florida State University College of Law
The Nineteenth Amendment Enforcement Power (But First, Which One Is The Nineteenth Amendment, Again?), Steve Kolbert
Florida State University Law Review
No abstract provided.
Electing Justice Roush To The Supreme Court Of Virginia, 2016 University of Richmond
Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias
Law Faculty Publications
In late April 2015, the Supreme Court of Virginia announced that Justice LeRoy F. Millette, Jr. would retire on July 31, 2015. Democratic Governor Terry McAuliffe expeditiously created an open process for tapping a worthy successor. At July’s conclusion, the Governor appointed Fairfax County Circuit Judge Jane Marum Roush, an experienced, consensus jurist. On a Sunday night, merely two days after Roush swore her oath of office, Republican General Assembly leaders proclaimed their caucuses’ intention to elect another individual, despite conceding that Roush was very qualified. During the August special session, this concerted GOP endeavor prompted a Republican senator to …
Voter Welfare: An Emerging Rule Of Reason In Voting Rights Law, 2016 New York University School of Law
Voter Welfare: An Emerging Rule Of Reason In Voting Rights Law, Samuel Issacharoff
Indiana Law Journal
For the first time in at least a generation, the central focus of voting rights law has returned to the issue of eligibility to cast a ballot and the act of voting itself. Unlike in prior generations, the fights over voting are centrally part of a partisan battle for electoral supremacy and are not organized around perpetuating the historic sub-ordination of minority populations—whatever the localized impact on minorities that the new voting rules may trigger. In the partisan environment, courts face claims of exclusion that only imperfectly map onto constitutional prohibitions of discrimina-tory intent or statutory protections of minority voting …
The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, 2016 Northwestern Pritzker School of Law
The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, Michael S. Kang, Joanna M. Shepherd
Faculty Articles
Bush v. Gore decided a presidential election and is the most dramatic election case in our lifetime, but cases like it are decided every year at the state level. Ordinary state courts regularly decide questions of election rules and administration that effectively determine electoral outcomes hanging immediately in the balance. Election cases like Bush v. Gore embody a fundamental worry with judicial intervention into the political process: outcome-driven, partisan judicial decisionmaking. The Article investigates whether judges decide cases, particularly politically sensitive ones, based on their partisan loyalties more than the legal merits of the cases. It presents a novel method …
Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, 2016 Barry University School of Law
Contingent Constitutionality, Legislative Facts, And Campaign Finance Law, Michael T. Morley
Florida State University Law Review
Many of the Supreme Court’s important holdings concerning campaign finance law are not pure matters of constitutional interpretation. Rather, they are “contingent” constitutional determinations: the Court’s conclusions rest in substantial part on legislative facts about the world that the Court finds, intuits, or assumes to be true. While earlier commentators have recognized the need to improve legislative factfinding by the Supreme Court, other aspects of its treatment of legislative facts—particularly in the realm of campaign finance—require reform as well.
Stare decisis purportedly insulates the Court’s purely legal holdings and interpretations from future challenge. Factually contingent constitutional rulings should, in contrast, …
Residency And Democracy: Durational Residency Requirements From The Framers To The Present, 2016 Rutgers Law School
Residency And Democracy: Durational Residency Requirements From The Framers To The Present, Eugene D. Mazo
Florida State University Law Review
After years of struggle, we no longer require property ownership, employ poll taxes, or force citizens to take literary tests to vote. The franchise is now also open to women, African Americans, and other groups that were previously disenfranchised. However, our states still prevent citizens from voting if they fail to meet a durational residency requirement. The states also impose lengthy durational residency requirements on candidates seeking public office. This Article examines the history of America’s durational residency requirements. It looks at the debates of the framers at the Constitutional Convention, at how state durational residency requirements were broadened in …
A New Proposal To Address Local Voting Discrimination, 2016 Princeton University
A New Proposal To Address Local Voting Discrimination, Cody Gray
University of Richmond Law Review
No abstract provided.
Rejected For Exposure, 2016 Univeristy of Michigan Law School
Rejected For Exposure, Jessica Hanes, Seth Quidachay-Swan
Law Librarian Scholarship
A story published recently in the Detroit News about a Michigan man “asserting a constitutional right to take ‘ballot selfies’ by challenging the state’s long-standing ban on voting station and polling place photography” sparked our interest in whether generational social media preferences might be the driving force for citizens who seek to overturn such laws. After all, the plaintiff is among the earliest born into the Millennial generation, over half of which (55%) have shared a selfie on social media as of 2014, a practice that has become ubiquitous even in politics.