Author: Michael Dimino
Release Date: 2015-12-02
Voting Rights and Election Law is a law school text book covering the law surrounding the electoral system. Coverage begins with voting qualifications and barriers to exercise of the franchise. The book covers the authority of the courts to remedy violations of the right to vote. Other topics include the One-Person/One Vote Doctrine under the Federal Constitution and the effects of the Voting Rights Act. The book also covers the role of political parties and term limits for federal and state office. Campaign finance and political speech each receive treatment. The book concludes with a chapter on methods for remedying errors in elections. In Chapter 1 students examine questions surrounding the constitutional right to vote and legislatures' power to restrict the classes of persons entitled to the franchise. The remainder of the text proceeds chronologically through the electoral process, from districting, with its issues of one person, one vote and the role of race under the Constitution and the Voting Rights Act; to the place of political parties in the electoral and constitutional structure; to limitations on ballot access; to the First Amendment's protection of political speech, including an in-depth treatment of campaign finance; to rules governing the voting process itself; to vote-counting; to remedies for elections that have gone wrong. Compared to other casebooks in the field, Voting Rights and Election Law emphasizes the texts of leading court opinions rather than commentary and political-science research. The book focuses on the legal principles and language adopted by courts in deciding election cases, rather than competing political theories about elections and democracy. Students are, however, encouraged through notes and questions to examine and question the empirical assumptions and theoretical premises behind the opinions. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Author: Michael Dimino
Release Date: 2010-06-29
Voting Rights and Election Law is a law school text book covering the law surrounding the electoral system. Coverage begins with voting qualifications and barriers to exercise of the franchise. The book covers the authority of the courts to remedy violations of the right to vote. Other topics include the One-Person/One Vote Doctrine under the Federal Constitution and the effects of the Voting Rights Act. The book also covers the role of political parties and term limits for federal and state office. Campaign finance and political speech each receive treatment. The book concludes with a chapter on methods for remedying errors in elections. In Chapter 1 students examine questions surrounding the constitutional right to vote and legislatures' power to restrict the classes of persons entitled to the franchise. The remainder of the text proceeds chronologically through the electoral process, from districting, with its issues of one person, one vote and the role of race under the Constitution and the Voting Rights Act; to the place of political parties in the electoral and constitutional structure; to limitations on ballot access; to the First Amendment's protection of political speech, including an in-depth treatment of campaign finance; to rules governing the voting process itself; to vote-counting; to remedies for elections that have gone wrong. Compared to other casebooks in the field, Voting Rights and Election Law emphasizes the texts of leading court opinions rather than commentary and political-science research. The book focuses on the legal principles and language adopted by courts in deciding election cases, rather than competing political theories about elections and democracy. Students are, however, encouraged through notes and questions to examine and question the empirical assumptions and theoretical premises behind the opinions.
Author: Benjamin E. Griffith
Publisher: American Bar Association
Release Date: 2008
This detailed snapshot of America's voting and electoral practices, problems, and most current issues addresses a variety of fundamental areas concerning election law from a federal perspective, with coverage of such topics as voter protection, voting technology and the law, felon disenfranchisement, and the Voting Rights Act. Original.
Author: Abigail M. Thernstrom
Publisher: Aei Pr
Release Date: 2009-01-01
In Voting Rights-and Wrongs: The Elusive Quest for Racially Fair Elections, Abigail Thernstrom explores the complex issues raised by the Voting Rights Act today. Thernstrom celebrates the landmark 1965 law that opened southern voting booths to African Americans-while challenging its evolution into a tool to create a racially fair distribution of political power. Federal law now requires states to draw majority-minority legislative districts, giving minority voters a uniquely sheltered status. Color-conscious policies were morally justified when the only alternative was the perpetuation of all-white or overwhelmingly white legislatures. Today, such race-conscious districting may create less-rather than more-integrated politics.
Author: Daniel Tokaji
Publisher: West Academic Publishing
Release Date: 2016-11-07
Election law is a dynamic and rapidly expanding field that generates enormous public interest. It is also of great practical importance to lawyers and law students, with increasing litigation and many controversial Supreme Court decisions such as Bush v. Gore, Citizens United v. FEC, and Shelby County v. Holder. This Nutshell provides a succinct and thorough description of the law governing elections, the right to vote, and the political process in the United States. The topics addressed include "one person, one vote," gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell covers U.S. constitutional law in these areas, as well as the Voting Rights Act, Federal Election Campaign Act, and other essential statutes. It includes Evenwel v. Abbott, McDonnell v. United States, and other cases from the 2015-16 Supreme Court Term.
Author: Ari Berman
Publisher: Farrar, Straus and Giroux
Release Date: 2015-08-04
A National Book Critics Circle Award Finalist, Nonfiction A New York Times Notable Book of 2015 A Washington Post Notable Nonfiction Book of 2015 A Boston Globe Best Book of 2015 A Kirkus Reviews Best Nonfiction Book of 2015 An NPR Best Book of 2015 Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time. In this groundbreaking narrative history, Ari Berman charts both the transformation of American democracy under the VRA and the counterrevolution that has sought to limit voting rights, from 1965 to the present day. The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional. Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.
Author: Jesse H. Rhodes
Publisher: Stanford University Press
Release Date: 2017-09-12
Voting rights are a perennial topic in American politics. Recent elections and the Supreme Court's decision in Shelby County v. Holder, which struck down key enforcement provisions in the Voting Rights Act (VRA), have only placed further emphasis on the debate over voter disenfranchaisement. Over the past five decades, both Democrats and Republicans in Congress have consistently voted to expand the protections offered to vulnerable voters by the Voting Rights Act. And yet, the administration of the VRA has become more fragmented and judicial interpretation of its terms has become much less generous. Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly endorse? Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.
Author: Professor David Schultz
Publisher: Ashgate Publishing, Ltd.
Release Date: 2014-01-08
This book provides a full-length examination of the political theories and principles and democratic values underlying current election law debates and the regulation of political campaigns and participants in the United States. Topics covered range from campaign finance reform, voting rights, reapportionment and ballot access to the rights of political parties, the media and other players in the system. The study challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.
Author: Michael Waldman
Publisher: Simon and Schuster
Release Date: 2016-02-23
Genre: Political Science
“An important new book” (The Washington Post) on the long struggle to win voting rights for all citizens by the author of The Second Amendment: A Biography and president of The Brennan Center, a legal think tank at NYU. Michael Waldman’s The Second Amendment traced the ongoing argument on gun rights from The Bill of Rights to now. In this “timely contribution to the discussion of a crucial issue” (Kirkus Reviews), Waldman takes a succinct and comprehensive look at an even more crucial struggle: the past and present effort to define and defend government based on “the consent of the governed.” From the writing of the Constitution, and at every step along the way, as Americans sought the right, others have fought to stop them. This is the first book to trace the entire story from the Founders’ debates to today’s restrictions: gerrymandering; voter ID laws; the flood of money unleashed by conservative nonprofit organizations; making voting difficult to the elderly, the poor, and the young, by restricting open polling places. Waldman describes the precedents for these contemporary arguments. The fight, sometimes vicious, has always been at the center of American politics: from counting slaves but not permitting them to vote, to property-less males, then to free Blacks, women, eighteen-year-olds, and the disadvantaged, who were harassed by literacy tests. Now the right to vote is challenged by restrictions on open polling schedules and IDs, plus floods of money. It’s been a raw, rowdy, fierce, and often rollicking struggle for power. The Fight to Vote is “an engaging, concise history…offering many useful reforms that advocates on both sides of the aisle should consider” (The Wall Street Journal).
Author: Dr James Thomas Tucker
Publisher: Ashgate Publishing, Ltd.
Release Date: 2013-02-28
The 'bilingual ballot' provisions of the Voting Rights Act, enacted in 1965 and expanded a decade later to remove language barriers to voting by prohibiting English-only elections in certain jurisdictions, remain a subject of intense debate in election law and American politics. This book offers the first-ever comprehensive examination of the subject, making a persuasive case for the provisions and investigating the sources and consequences of the controversy surrounding them.
Author: James A. Gardner
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-09-12
The second edition of Election Law in the American Political System offers an easy to teach, student-friendly, intellectually rich casebook with comprehensive coverage of the legal rules and doctrines that shape democratic participation in the 21st century American political system. The second edition of this casebook is updated throughout with new material including identity theory of voting behavior, alternative electoral systems, emerging metrics for evaluating the quality of election administration, and developments concerning the advent of “fake news” in election campaigns. Election Law in the American Political System also includes expanded coverage of developments regarding independent districting commissions, judicial elections, legal standards to adjudicate partisan gerrymandering, and the concept of “wisdom of the multitude.” With redesigned coverage and a thoughtful selection and careful editing of cases, the second edition contextualizes legal doctrine by providing insightful background readings and using expository material to introduce topics. New to the Second Edition: New coverage: Identity theory of voting behavior. Alternative electoral systems, including limited and cumulative voting and the single transferable vote. Evolution of judicial review of democratic processes. Developments concerning the advent of “fake news” in election campaigns. The emerging law of “ballot selfies.” Emerging metrics for evaluating the quality of election administration. Expanded coverage of: Concept of “wisdom of the multitude” Legal standards to adjudicate partisan gerrymandering. Developments regarding independent districting commissions, including an extended excerpt from Arizona State Legislature Judicial elections.
Author: Richard L. Hasen
Publisher: Yale University Press
Release Date: 2012
Genre: Contested elections
In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the election rested on Florida's 25 electoral votes, and legal wrangling continued for 36 days. Then, abruptly, one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore, cut short the battle. Since the Florida debacle we have witnessed a partisan war over election rules. Election litigation has skyrocketed, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy "armies of lawyers" and the partisan press revs up when elections are expected to be close and the stakes are high.
Author: Tova Andrea Wang
Publisher: Cornell University Press
Release Date: 2012-07-27
Genre: Political Science
The Politics of Voter Suppression arrives in time to assess actual practices at the polls this fall and to reengage with debates about voter suppression tactics such as requiring specific forms of identification. Tova Andrea Wang examines the history of how U.S. election reforms have been manipulated for partisan advantage and establishes a new framework for analyzing current laws and policies. The tactics that have been employed to suppress voting in recent elections are not novel, she finds, but rather build upon the strategies used by a variety of actors going back nearly a century and a half. This continuity, along with the shift to a Republican domination of voter suppression efforts for the past fifty years, should inform what we think about reform policy today. Wang argues that activities that suppress voting are almost always illegitimate, while reforms that increase participation are nearly always legitimate. In short, use and abuse of election laws and policies to suppress votes has obvious detrimental impacts on democracy itself. Such activities are also harmful because of their direct impacts on actual election outcomes. Wang regards as beneficial any legal effort to increase the number of Americans involved in the electoral system. This includes efforts that are focused on improving voter turnout among certain populations typically regarded as supporting one party, as long as the methods and means for boosting participation are open to all. Wang identifies and describes a number of specific legitimate and positive reforms that will increase voter turnout.