Undue Burdens And Potential Opportunities In Voting Rights And Abortion Law,
2018
Stanford Law School
Undue Burdens And Potential Opportunities In Voting Rights And Abortion Law, Pamela S. Karlan
Indiana Law Journal
One of the problems with the way we have tried to build a more just constitutional law is our failure to see, and then to make the most of, doctrinal connections across constitutional subfields—that is, to build constitutional bridges. This Essay seeks to build one such bridge between two areas of legal doctrine that might seem relatively disconnected from one another: voting rights and reproductive justice.
Many years ago, I joked about one aspect of that connection: “Redistricting, like reproduction, combines lofty goals, deep passions about identity and instincts for self-preservation, increasing reliance on technology, and often a need to …
The Constitution Comes To The County Unit: Georgia’S State Level Electoral College,
2018
Columbia Law School
The Constitution Comes To The County Unit: Georgia’S State Level Electoral College, David Crockett
Center for the Advancement of Public Integrity (Inactive)
As Prof. Akhil Amar outlines in his work, America’s Constitution: A Biography, the Philadelphia Plan and its outline of a stronger executive power inspired replication on the state level. States from Massachusetts to Georgia strengthened the power of their governors, with many granting them independent elections and a veto pen. Over time, most states replicated the Federal terms of office, and currently all but two states hold quadrennial gubernatorial elections balanced with biennial or other staggered legislative terms. Yet, even as many states replicated features of Article II, from the veto to the establishment of “supreme executive power,” nearly …
Judicial Selection And The Search For Middle Ground,
2018
Indiana University Maurer School of Law
Judicial Selection And The Search For Middle Ground, Charles G. Geyh
Articles by Maurer Faculty
This Article seeks to transcend perennial election versus appointment debates-including debates over campaign finance and the impact of "dark money"-by taking a closer look at why judicial selection is a contentious mess and discussing how it might be fixed. First, I present the case for elective and appointive systems. Second, I show that the arguments for each system are exaggerated or flawed.Third, I explore why it has been hard for proponents of each system to perceive and acknowledge those exaggerations and flaws, and propose ways to narrow the divide. Although the divide can and should be narrowed, I conclude that …
Judicial Intervention As Judicial Restraint,
2018
Indiana University Maurer School of Law
Judicial Intervention As Judicial Restraint, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
This paper examines the Court's decision in Gill v. Whitford. It advances two claims. First, it provides a comprehensive account of the Court's skepticism of judicial supervision of democratic politics, an account that we call the narrative of nonintervention. It situates Gill within that account and argues that the Court's reluctance to intervene is a function of the Court's institutional calculus that it ought to protect its legitimacy and institutional capital when it engages in what look like political fights. Second, the paper provides an instrumentalist account for judicial intervention. It argues that the Court should intervene to prevent partisan …
Patch By Patch: North Carolina's Crazy Quilt Of Campaign Finance Regulations,
2018
Campbell University School of Law
Patch By Patch: North Carolina's Crazy Quilt Of Campaign Finance Regulations, Anna V. Stearns
Campbell Law Review
After more than a decade of judicial intervention and legislative reforms, North Carolina's campaign finance laws resemble a crazy quilt - a patchwork of provisions pieced together from remnants and scraps. The law is a dizzying array of proscriptions, requirements, and exceptions, sometimes based on speaker identity and sometimes based on the content or context of the political message. This quilt is what remained after the Fourth Circuit's strained and confusing decision in North Carolina Right to Life, Inc. v. Leake, decided in 2008, immediately following the Supreme Court's landmark decision in McConnell v. FEC. This Comment evaluates and summarizes …
(At Least) Thirteen Ways Of Looking At Election Lies,
2018
University of Colorado Law School
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Publications
Lies take many forms. Because lies vary so greatly in their motivations and consequences (among many other qualities), philosophers have long sought to catalog them to help make sense of their diversity and complexity. Legal scholars too have classified lies in various ways to explain why we punish some and protect others. This symposium essay offers yet another taxonomy of lies, focusing specifically on election lies — that is, lies told during or about elections. We can divide and describe election lies in a wide variety of ways: by speaker, by motive, by subject matter, by audience, by means of …
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals,
2018
University of Colorado Law School
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer
Publications
No abstract provided.
Mexico's 2018 Election,
2018
The University of Texas Rio Grande Valley
Mexico's 2018 Election, Irving W. Levinson
History Faculty Publications
On July 1, 2018, Mexico held elections for the presidency, for all seats in the federal Chamber of Deputies, and for one third of the seats in the federal Senate.
Editor’S Introduction,
2018
University of Oklahoma College of Law
False Speech And The First Amendment,
2018
University of Oklahoma College of Law
False Speech And The First Amendment, Erwin Chemerinsky
Oklahoma Law Review
No abstract provided.
An Introductory Essay: Old Principles For An (Allegedly) Brave New World,
2018
University of Oklahoma College of Law
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
Oklahoma Law Review
No abstract provided.
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment,
2018
University of Oklahoma College of Law
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Oklahoma Law Review
No abstract provided.
(At Least) Thirteen Ways Of Looking At Election Lies,
2018
University of Oklahoma College of Law
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Oklahoma Law Review
No abstract provided.
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies,
2018
University of Oklahoma College of Law
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein
Oklahoma Law Review
No abstract provided.
Forward Into The Past: Speech Intermediaries In The Television And Internet Ages,
2018
University of Oklahoma College of Law
Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian
Oklahoma Law Review
No abstract provided.
Suing The President For First Amendment Violations,
2018
University of Oklahoma College of Law
Suing The President For First Amendment Violations, Sonja R. West
Oklahoma Law Review
No abstract provided.
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent,
2018
University of San Diego School of Law
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
University of Richmond Law Review
No abstract provided.
Amending Codes Of Judicial Conduct To Impose Campaign Contribution And Expenditure Limits On Judicial Campaigns,
2018
University of Washington School of Law
Amending Codes Of Judicial Conduct To Impose Campaign Contribution And Expenditure Limits On Judicial Campaigns, Hugh D. Spitzer, Philip A. Talmadge
Articles
Every judicial campaign year, millions of dollars pour into individual court races around the country. The bulk of that money is donated by lawyers, businesses, and others with financial interests in how judges, especially appellate judges, decide cases. United States Supreme Court rulings on political contributions and spending have hamstrung the ability of states to control larges-cale expenditures in judicial races. This essay reviews empirical research by political scientists who have documented the effect of large campaign donations on how judges decide cases and on the public's perception of court impartiality. It describes how legislatures and courts have addressed (or …
Judicial Intervention As Judicial Restraint,
2018
Duke Law School
Judicial Intervention As Judicial Restraint, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Faculty Scholarship
This paper examines the Court's decision in Gil v. Whitford. It advances two claims. First, it provides a comprehensive account of the Court's skepticism of judicial supervision of democratic politics, an account that we call the narrative of nonintervention. It situates Gill within that account and argues that the Court's reluctance to intervene is a function of the Court's institutional calculus that it ought to protect its legitimacy and institutional capital when it engages in what look like political fights. Second, the paper provides an instrumentalist account for judicial intervention. It argues that the Court should intervene to prevent partisan …
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra,
2018
Duke Law School
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
