The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois,
2018
Chicago-Kent College of Law
The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford
Chicago-Kent Law Review
Like most states, Illinois is no stranger to political gerrymandering. Since 2010, redistricting reformers have made repeated efforts to change the way Illinois's political maps are drawn, essentially by minimizing or eliminating the role lawmakers play in the process. Polls show the vast majority of Illinoisans support such a change. Reformers have chosen Illinois's citizen ballot initiative as their vehicle to amend the redistricting process, but every proposed initiative has been struck down in court before reaching voters. Most recently, the Illinois Supreme Court rejected a proposed initiative in Hooker v. Illinois State Board of Elections. This Note argues …
The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar,
2018
Seattle University School of Law
The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill
Seattle University Law Review
The campaign finance laws of New Hampshire (and other states) permit direct contributions to gubernatorial candidates from individuals or corporations of up to $7,000 per campaign cycle. However, no state campaign finance statutes discuss, define, or even mention LLCs. Each LLC is its own individual donor for the purpose of direct campaign contributions, regardless of who controls it. Thus, a wealthy individual can max out the $7,000 direct contribution to his or her preferred candidate through every LLC under his or her control, limited only by imagination and the ability to set up as many LLCs as legally feasible. A …
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions,
2018
Loyola Marymount University and Loyola Law School
Rethinking How Voters Challenge Gerrymandering: Congress, Courts, And State Constitutions, Megan Wilson
Loyola of Los Angeles Law Review
No abstract provided.
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study,
2018
UC Irvine School of Law
Keynote Address: Judging The Political And Political Judging: Justice Scalia As Case Study, Richard L. Hasen
Chicago-Kent Law Review
This is a revised version of a Keynote Address delivered at “The Supreme Court and American Politics,” a symposium held October 17, 2017 at the Chicago-Kent College of Law. In this Address, Professor Hasen considers through the lens of Justice Scalia’s opinions the role that views of the political process play, at least rhetorically, in how Supreme Court Justices decide cases. It focuses on Justice Scalia’s contradictory views on self-dealing and incumbency protection across a range of cases, comparing campaign finance on the one hand to partisan gerrymandering, voter identification laws, political patronage, and ballot access rules on the other. …
The Consequences Of Citizens United: What Do The Lawyers Say?,
2018
UC Irvine School of Law
The Consequences Of Citizens United: What Do The Lawyers Say?, Ann Southworth
Chicago-Kent Law Review
This Essay examines a polarized world of advocacy over campaign finance regulation in the Roberts Court. It considers what lawyers who filed party and amicus briefs in Citizens United v. Federal Election Commission have to say about the consequences of the decision. It shows that the lawyers generally agree about the ruling’s direct consequences but strongly disagree about whether those consequences are good or bad for the country and what lessons the public should draw. This Essay also explores the competing frames that these lawyers bring to questions about money in politics and their competing perspectives about government and where …
How Courts Analyze Voter Identification Laws Under The First Amendment,
2018
Louisiana State University and Agricultural and Mechanical College
How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard
LSU Master's Theses
Some scholarship and political experts describe voter ID laws as a form of voter suppression because they make it harder for certain groups of people to vote. First, this thesis considers the historical backdrop of voter discrimination resulting in the passage of the Voting Rights Act of 1965, and subsequent state uses of registration and voter ID laws. Then, this study reviews the theoretical foundation of freedom of expression as developed by Thomas Emerson and individual and social free expression values, including the social value of self-governance explicated by Alexander Meiklejohn. Some scholars also suggest that voter ID laws may …
Teaching Apportionment,
2018
Humboldt State University
Teaching Apportionment, Charles M. Biles
IdeaFest: Interdisciplinary Journal of Creative Works and Research from Cal Poly Humboldt
No abstract provided.
State Court Litigation: The New Front In The War Against Partisan Gerrymandering,
2018
University of Michigan Law School
State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart
Michigan Law Review Online
Partisan gerrymandering is the process of drafting state and congressional districts in a manner that gives one political party an advantage over another. The end goal is simple: help your party win more seats or protect existing ones. The tactic is as old as the United States. In 1788, Patrick Henry convinced the Virginia state legislature to draw the 5th Congressional District to pit his rival James Madison against James Monroe. The term “gerrymander” itself is a hybrid: in 1810, democratic Governor Gerry signed a partisan redistricting plan into law—one that contained a district that infamously looked like a salamander. …
A Conversation On Learning From The History Of The Civil Rights Movement,
2018
University of Minnesota Law School
A Conversation On Learning From The History Of The Civil Rights Movement, Walter F. Mondale
Minnesota Journal of Law & Inequality
Introduction & Abridged Transcript, The Summit for Civil Rights, November 10, 2017
When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote,
2018
Brooklyn Law School
When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta
Brooklyn Journal of International Law
Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the …
Appendix: A Reasonable Bias Approach To Gerrymandering: Using Automated Plan Generation To Evaluate Redistricting Proposals,
2018
William & Mary Law School
Appendix: A Reasonable Bias Approach To Gerrymandering: Using Automated Plan Generation To Evaluate Redistricting Proposals, Bruce E. Cain, Wendy K. Tam Cho, Yan Y. Liu, Emily R. Zhang
William & Mary Law Review Online
Here, we present our findings, analogous to those on the efficiency gap in Part I.B of our Article published in the print edition of the William & Mary Law Review, on the other measures of partisan fairness.
Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders,
2018
William & Mary Law School
Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders, Jamin B. Raskin
William & Mary Law Review Online
Charming and irresistible as it is, the nineteenth-century slang term “gerrymander” cannot generate an equal protection standard to transform congressional and state legislative redistricting in the twenty-first century.
Appendix: Text And Precedent For Representational Adequacy Claims Under Fifty State Constitutions,
2018
William & Mary Law School
Appendix: Text And Precedent For Representational Adequacy Claims Under Fifty State Constitutions, Christopher S. Elmendorf
William & Mary Law Review Online
This Appendix supplements the Article, From Educational Adequacy to Representational Adequacy: A New Template for Legal Attacks on Partisan Gerrymanders in the print edition of the William & Mary Law Review.
Judicial Candidates’ Right To Lie,
2018
University of Maryland Francis King Carey School of Law
Judicial Candidates’ Right To Lie, Nat Stern
Maryland Law Review
, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge, however, …
Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017,
2018
University of Zambia
Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba
SAIPAR Case Review
No abstract provided.
Black And White Make Gray: Common Cause V. Kemp, What's The Trigger For Purging Voters?,
2018
Mercer University School of Law
Black And White Make Gray: Common Cause V. Kemp, What's The Trigger For Purging Voters?, Caitlin Wise
Mercer Law Review
Imagine showing up to the voting poll, eager to vote and to show support for a candidate, and waiting in a long line, possibly in the cold. Then imagine handing your identification over only to be told you were not on the voter registration roll. This is what happened to 100,000 voters in the 2016 presidential primary election when they were purged from the voter registration rolls. Because of the voter purging, they were unable to cast their vote in a controversial and close election. ABC News reported many voters who were removed from voting registration rolls were from low-income …
Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s,
2018
CUNY Graduate Center
Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau
Dissertations, Theses, and Capstone Projects
This dissertation examines how the legal activism of a Puerto Rican group of activist-lawyers and community members contributed to the reshaping of voting law and language policy during the 1970s. The Puerto Rican Legal Defense and Education Fund (PRLDEF) coordinated a series of lawsuits in Chicago, New York City, and Philadelphia during the early 1970s. The decisions in these lawsuits provided the legal framework to rewrite federal voting rights law during the Voting Rights Act (VRA) reauthorization hearings in 1975. These cases resulted in vastly expanded opportunity to vote for all language minorities in the United States. These civil rights …
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra,
2018
Indiana University Maurer School of Law
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel E. Charles, Luis Fuentes-Rohwer
William & Mary Law Review
No abstract provided.
Section 2 After Section 5: Voting Rights And The Race To The Bottom,
2018
William & Mary Law School
Section 2 After Section 5: Voting Rights And The Race To The Bottom, Ellen D. Katz
William & Mary Law Review
No abstract provided.
The Causes And Consequences Of Gerrymandering,
2018
William & Mary Law School
The Causes And Consequences Of Gerrymandering, Nicholas O. Stephanopoulos
William & Mary Law Review
In recent years, scholars have made great strides in measuring the extent of partisan gerrymandering. By and large, though, they have not yet tried to answer the questions that logically come next: What are the causes of district plans’ partisan skews? And what consequences do these skews have for democratic values? Using a unique dataset of state house and congressional plans’ partisan tilts from 1972 to 2016, this Article addresses precisely these issues. It finds that single-party control of the redistricting process dramatically benefits the party in charge, while other mapmaking configurations have small and inconsistent effects. It also shows …
