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 …
The Right To Receive Foreign Speech,
2018
University of Oklahoma College of Law
The Right To Receive Foreign Speech, Joseph Thai
Oklahoma Law Review
No abstract provided.
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.
Lies, Line Drawing, And (Deep) Fake News,
2018
University of Oklahoma College of Law
Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz
Oklahoma Law Review
No abstract provided.
Legislating Against Lying In Campaigns And Elections,
2018
University of Oklahoma College of Law
Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers
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.
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.
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.
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 …
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 …
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.
(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.
Incarcerated And Unrepresented: Prison-Based Gerrymandering And Why Evenwel’S Approval Of “Total Population” As A Population Base Shouldn’T Include Incarcerated Populations,
2017
William & Mary Law School
Incarcerated And Unrepresented: Prison-Based Gerrymandering And Why Evenwel’S Approval Of “Total Population” As A Population Base Shouldn’T Include Incarcerated Populations, Emily J. Heltzel
William & Mary Bill of Rights Journal
No abstract provided.
Gerrymandering And The Constitutional Norm Against Government Partisanship,
2017
Emory University School of Law
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Michigan Law Review
This Article challenges the basic premise in the law of gerrymandering that partisanship is a constitutional government purpose at all. The central problem, Justice Scalia once explained in Vieth v. Jubilerer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated confidently as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against …
Introduction: The Effects Of Selection Method On Public Officials,
2017
University at Buffalo School of Law
Introduction: The Effects Of Selection Method On Public Officials, Clayton J. Masterman
Journal Articles
No abstract provided.
Judging Law In Election Cases,
2017
Vanderbilt University Law School
Judging Law In Election Cases, Michael S. Kang, Joanna M. Shepherd
Vanderbilt Law Review
How much does law matter in election cases where the partisan stakes are high? At first glance, election cases may seem the worst context for studying the influence of law on judicial decision making. Election cases, which decide the applicable rules for a given election, often determine election outcomes and therefore feature the highest political stakes in the balance. There is great temptation for judges to decide these cases in a partisan fashion to help their side. And we have found empirically in earlier work that judges do often appear influenced by partisanship in deciding these cases for their own …
Judicial Reform As A Tug Of War: How Ideological Differences Between Politicians And The Bar Explain Attempts At Judicial Reform,
2017
Vanderbilt University Law School
Judicial Reform As A Tug Of War: How Ideological Differences Between Politicians And The Bar Explain Attempts At Judicial Reform, Adam Bonica, Maya Sen
Vanderbilt Law Review
What predicts attempts at judicial reform? We develop a broad, generalizable framework that both explains and predicts attempts at judicial reform. Specifically, we explore the political tug of war created by the polarization between the bar and political actors, in tandem with existing judicial selection mechanisms. The more liberal the bar and the more conservative political actors, the greater the incentive political actors will have to introduce ideology into judicial selection. (And, vice versa, the more conservative the bar and the more liberal political actors, the greater incentive political actors will have to introduce ideology into judicial selection.) Understanding this …
