Law and Politics Commons^™

Discouraging Election Contests, Joshua A. Douglas

University of Richmond Law Review

This essay proceeds in three sections. Section I lays the founda- tion for why our system encourages-or at least does not dis-suade-the filing of post-election contests in close races. Section

II posits that election contests are often bad for our democracy, explaining why post-election litigation might harm the ideals of finality, certainty, and legitimacy in the election process. SectionIII sets out three structural reforms that might make losing candidates think twice before initiating an election contest. Ultimately, the goal of this essay is to promote a broader discussion of the propriety of post-election litigation and what we can do to …

Minority Vote Dilution In The Age Of Obama, Dale Ho

University of Richmond Law Review

No abstract provided.

Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner

University of Richmond Law Review

No abstract provided.

A Half-Century Of Virginia Redistricting Battles: Shifting From Rural Malapportionment To Voting Rights To Public Participation, Micah Altman, Michael P. Mcdonald

University of Richmond Law Review

No abstract provided.

The Use Of Gender Quotas In America: Are Voluntary Party Quotas The Way To Go?, Anisa A. Somani

William & Mary Law Review

No abstract provided.

Immigrant Workers, Human Capital Investment And The Shape Of Immigration Reform, Audrey Singer

Brookings Scholar Lecture Series

President Obama's speech in Las Vegas last month kicked off Congressional debates on immigration policy. While border security and illegal immigration are still high profile and thorny issues, slow economic growth following the Great Recession has helped to shift the focus to how the United States can change policy to better suit economic needs. Where do immigrants fit into the labor force, how can they fit better, and what is the likely shape of future policy changes?

Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter

Pepperdine Law Review

Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …

The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer

Pepperdine Law Review

The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …

Special Interest Money: A Threat To Democratic Government, David L. Boren

Pepperdine Law Review

No abstract provided.

Liability Of Political Candidates And Their Staffs For Campaign Committee Obligations , Anthony J. Mohr

Pepperdine Law Review

No abstract provided.

Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro

Pepperdine Law Review

No abstract provided.

The Field In Ireland In 2014, Tom Dunne

Articles

Repossessions are an important part of recovery in the housing market

Shale Gas And Clean Energy Policy, Joseph P. Tomain

Faculty Articles and Other Publications

If we look behind the numbers on energy consumption, how much of that declining consumption is attributable to increases in energy efficiency and how much is attributable to a poor economy? If we look more closely at shale gas production, particularly when we consider hydraulic fracturing, what environmental costs are associated with developing this domestic resource? And, from a broader perspective, what role should natural gas, including shale gas, play in the country's clean energy future? Will we continue to favor fossil-fuel incumbents at the expense of new entrants in renewable resources and energy efficiency? This Article will address these …

In The Turbulent Wake Of Anderson V. Bell: Protecting Core Political Speech And Utahn's Right To Initiative, Daniel W. Boyer

Utah OnLaw: The Utah Law Review Online Supplement

Since the court in Anderson already affirmed the validity of electronic signatures in Title 20 through statutory rules of construction and common law principles, it will likely have to address the constitutional challenges it declined to reach in that case when it is visited with new challenges to the State’s ban on e-signatures in ballot petitions and initiatives. This Note offers an alternative to the uniform operation of laws analysis, which plaintiffs have recently employed against the Lieutenant Governor and S.B. 165. Free speech analysis supplies parameters that are more closely suited to address the type of constitutional wrong that …

A Case Study: Achieving Cultural Equity Through The Lens Of Kingdon, Maria X. Martinez

McCarthy Center Student Scholarship

No abstract provided.

E-Legislating, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The United States has been plagued with a deadlocked, “do nothing” Congress for the last several years, but today there is a new game in town. Senator Chris Dodd declared, when he first encountered the full force of e-legislating, “It’s a new day [in Washington]... Brace yourselves.” Digital technologies have fundamentally changed the relationship of citizens to their governments. Since e-democracy was first identified in the 1990s, at least four subcategories have emerged. This article debuts the newest member of the e-democracy family: e-legislating — the use of Internet and social media to influence federal legislation. The federal legislative process …

Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez

Faculty Publications

This paper explores the manipulative use of the law for political gain. It describes instances in which law is distorted and camouflaged under an apparent goal of pursuing justice, social change or development, but its real function is to facilitate the attainment of self-interested political gains or other ends. The malleability of law is illustrated in this article with a description of the social programs known as “Misiones Bolivarianas” implemented in Venezuela since 2004. The Misiones were ostensibly portrayed as effective government measures launched to reduce poverty and fight inequality in areas where traditional state institutions had failed.

Has Engaging In Party Coalitions Affected Bsp Ideology?, Jasjeet S. Virk

CMC Senior Theses

A nation of one billion people, India is often recognized as the world’s largest democracy. The ethnic, cultural, and religious diversity in India creates a unique collection of voters whose divisions are not only brought about due to differences in ideological preferences, but also as a result of various caste and ethnic divisions that remain strongly ingrained in modern Indian society. Indian political parties must not only be able to gain voter confidence through the production and presentation of sound ideology, but also must struggle to help relate this ideology to a much divided and ethnically stratified voter base. This …

What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad

Sturm College of Law: Faculty Scholarship

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: 1) Should we provide …

A Balanced Budget Amendment Fit For The Constitution: The Elimination Of Partisanship And Substantive Provisions, 46 J. Marshall L. Rev. 583 (2013), Shane Nichols

UIC Law Review

No abstract provided.