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 …
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.
Is Groton The Next "Evenwel"?,
2018
Vanderbilt University Law School
Is Groton The Next "Evenwel"?, Paul H. Edelman
Vanderbilt Law School Faculty Publications
In Evenwel v Abbott the Supreme Court left open the question of whether states could employ population measures other than total population as a basis for drawing representative districts so as to meet the requirement of ``one person- one vote'' (OPOV). It was thought that there was little prospect of resolving this question soon as no appropriate instances of such behavior was known. That belief was mistaken. In this note I report on the Town of Groton, Connecticut which uses registered voting data to apportion seats in its Representative Town Meeting, and has done so since its incorporation in 1957. …
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.
(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 …
The Supreme Court, Judicial Elections, And Dark Money,
2018
Columbia Law School
The Supreme Court, Judicial Elections, And Dark Money, Richard Briffault
Faculty Scholarship
Judges, even when popularly elected, are not representatives; they are not agents for their voters, nor should they take voter preferences into account in adjudicating cases. However, popularly elected judges are representatives for some election law purposes. Unlike other elected officials, judges are not politicians. But judges are policy-makers. Judicial elections are subject to the same constitutional doctrines that govern voting on legislators, executives, and ballot propositions. Except when they are not. The same First Amendment doctrine that protects campaign speech in legislative, executive, and ballot proposition elections applies to campaign speech in judicial elections – but not in quite …
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 …
Keynote Speech: Walking The Line: Modern Gerrymandering And Partisanship,
2018
Harvard Law School
Keynote Speech: Walking The Line: Modern Gerrymandering And Partisanship, Nicholas O. Stephanopoulos
Georgia Law Review
INTRODUCTION I am going to be discussing an ongoing project of mine that I call hyperpartisan election law. I make three main arguments in this project. The first is that almost all of election law was created during an unusually nonpartisan period in the 1960s, 1970s, and 1980s. Consistent with this period's very low level of partisanship, election law originally did not intend to, and did not actually have the effect, of addressing partisan cleavages. The second claim is that as the country's voters and politicians have become ever more partisan over the last generation, election law has adapted in …
The History Of Redistricting In Georgia,
2018
University of Georgia
The History Of Redistricting In Georgia, Charles S. Bullock Iii
Georgia Law Review
In his memoirs, Chief Justice Earl Warren singled out
the redistrictingcases as the most significant decisions of
his tenure on the Court., A review of the changes
redistricting introduced in Georgia supports Warren's
assessment. Not only have the obligations to equalize
populations across districts and to do so in a racially fair
manner transformed the makeup of the state's collegial
bodies, Georgia has provided the setting for multiple cases
that have defined the requirements to be met when
designing districts.
Other than the very first adjustments that occurred in
the 1960s, changes in Georgia plans had to secure
approval from …
Did The African-American Electorate Unintentionally Help Elect Donald Trump President?,
2018
Touro University Jacob D. Fuchsberg Law Center
Did The African-American Electorate Unintentionally Help Elect Donald Trump President?, C. Daniel Chill
Touro Law Review
No abstract provided.
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.
