A Pivotal Moment For Election Law,
2016
University of Kentucky
A Pivotal Moment For Election Law, Joshua A. Douglas
Kentucky Law Journal
No abstract provided.
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.
Economic Precarity, Race, And Voting Structures,
2016
West Virginia University
Economic Precarity, Race, And Voting Structures, Atiba R. Ellis
Kentucky Law Journal
No abstract provided.
Judicial "Enforcement" Of A Grand Election Bargain,
2016
Indiana University Robert H. McKinney School of Law
Judicial "Enforcement" Of A Grand Election Bargain, Michael J. Pitts
Kentucky Law Journal
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.
Judicial Review Of Direct Democracy: A Reappraisal,
2016
University of Cincinnati College of Law
Judicial Review Of Direct Democracy: A Reappraisal, Michael E. Solimine
Kentucky Law Journal
In his dissent in Arizona State Legislature v. Arizona Independent Redistricting Commission in 2015, Justice Clarence Thomas argued that the Supreme Court had been inconsistent in the rigor it employs when considering constitutional challenges to the products of direct democracy, i.e., referenda and initiatives. Some cases seemed to use stricter scrutiny, and others lesser scrutiny, as compared to challenges to ordinary legislation. Justice Thomas argued that the review of direct democracy should be the same as for ordinary legislation, a proposition with which this Article agrees. This Article challenges the position advanced by Professor Julian Eule over twenty-five years …
Arbitrating Ballot Battles?,
2016
William & Mary Law School
Arbitrating Ballot Battles?, Rebecca Green
Kentucky Law Journal
This short article posits that arbitration is an under-explored mechanism for resolving post-election disputes. As Professor Edward Foley documents in Ballot Battles: The History of Disputed Elections in the United States, post-election disputes have brought state and federal government to a political precipice numerous times in our history. A comprehensive, transparent, and fair arbitration process could well save us from another.
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.
Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces,
2016
New York Law School
Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning
Articles & Chapters
No abstract provided.
No U-Turn Needed On The Elected Presidency,
2016
Singapore Management University
No U-Turn Needed On The Elected Presidency, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law Eugene Tan cited the commentary "Let's talk about policy failures and the elected presidency" by Professor Kishore Mahbubani, where the latter argued that Singapore’s policy of an elected presidency should be revisited, and perhaps "the time has come to do a U-turn", stop having direct elections and go back to the previous practice of having Parliament elect the president. While Associate Prof Tan noted that Prof Mahbubani's concern is legitimate, he emphasised that the way forward is not a U-turn, but rather, a collective effort to determine how we can reduce the likelihood of electing …
Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections,
2016
Duke Law School
Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins
Faculty Scholarship
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 …
Financing Corporate Elections,
2016
University of Colorado Law School
Financing Corporate Elections, Andrew A. Schwartz
Publications
Elections for corporate directorships have become more competitive and expensive in recent years, raising important questions of corporate campaign finance, such as whether an insurgent campaign must disclose the source of its funding and whether a director is permitted to receive third-party compensation during her term in office (known as a "golden leash"). These present novel and unanswered issues of corporate law, but many analogous issues have been resolved in the political sphere using the First Amendment and a well-developed line of Supreme Court case law beginning with Buckley v. Valeo and continuing through Citizens United and other key precedents. …
Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech,
2015
Catholic University of America, Columbus School of Law
Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia
Catholic University Journal of Law and Technology
No abstract provided.
Legal Storytelling: The Murder Of Voter Id,
2015
Brigham Young University Law School
Legal Storytelling: The Murder Of Voter Id, Tracy Mccants Lewis
Brigham Young University Journal of Public Law
No abstract provided.
The Unwilling Donor,
2015
University of Washington School of Law
The Unwilling Donor, Jennifer Mueller
Washington Law Review
For nearly forty years, the Supreme Court has evaluated campaign finance restrictions by weighing the First Amendment burden they place on a donor eager to engage the political process against the government’s interest in avoiding corruption of that process. Most recently, in McCutcheon v. FEC, the Court struck down aggregate contribution limits, allowing donors to give—and candidates and parties to solicit—millions of dollars directly to candidates, parties, and political action committees. Yet what should have been a significant victory for big donors was greeted with dismay by many of the same. There is growing evidence that the story we …
One Significant Step: How Reforms To Prison Districts Begin
To Address Political Inequality,
2015
New York Law School
One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood
University of Michigan Journal of Law Reform
Skyrocketing rates of incarceration over the last three decades have had profound and lasting effects on the political power and engagement of local communities throughout the United States. Aggressive enforcement practices and mandatory sentencing laws have an impact beyond the individuals who are arrested, convicted, and incarcerated. These policies have wide-ranging and enduring ripple effects throughout the communities that are most heavily impacted by criminal laws, predominantly urban and minority neighborhoods. Criminal justice policies broadly impact everything from voter turnout and engagement, to serving on juries, participating in popular protests, census data, and the way officials draw legislative districts. The …
What The Marriage Equality Cases Tell Us About Voter Id,
2015
University of Michigan Law School
What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz
Articles
Two years ago, United States u. Windsor tossed out the Defense of Marriage Act ("DOMA"). Thereafter, proponents of marriage equality secured dozens of notable victories in the lower courts, a smattering of setbacks, and last June, the victory they sought in Obergefell v. Hodges. During this same period, opponents of electoral restrictions such as voter identification have seen far less sustained success. Decided the day before Windsor, Shelby County v. Holder scrapped a key provision of the Voting Rights Act ("VRA") while making clear that plaintiffs might still challenge disputed voting regulations under Section 2 of the VRA and the …
Election Law And Government Ethics,
2015
McGuirewWoods LLP, Richmond, Virginia
Election Law And Government Ethics, Christopher R. Nolen, Jeffrey S. Palmore
University of Richmond Law Review
This article surveys developments in Virginia election and government ethics laws for 2014 and 2015, with an emphasis on legislative developments. The focus is on those statutory developments thathave significance or general applicability to the implementation of Virginia's election and ethics laws.
Parting The Dark Money Sea: Exposing Politically Active Tax-Exempt Groups Through Fec-Irs Hybrid Enforcement,
2015
William & Mary Law School
Parting The Dark Money Sea: Exposing Politically Active Tax-Exempt Groups Through Fec-Irs Hybrid Enforcement, Carrie E. Miller
William & Mary Law Review
No abstract provided.
