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: 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: 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: 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: David Schultz
Release Date: 2016-04-29
While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It 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: 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: 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
Genre: Political Science
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: Matthew J. Streb
Release Date: 2013-05-07
Genre: Political Science
Though the courts have been extremely active in interpreting the rules of the electoral game, this role is misunderstood and understudied—as, in many cases, are the rules themselves. Law and Election Politics illustrates how election laws and electoral politics are intertwined, analyzing the rules of the game and some of the most important—and most controversial—decisions the courts have made on a variety of election-related subjects. More than a typical law book that summarizes cases, Mathew Streb has assembled an outstanding group of scholars to place electoral laws and the courts‘ rulings on those laws in the context of electoral politics. They comprehensively cover the range of topics important to election law—campaign finance, political parties, campaigning, redistricting, judicial elections, the Internet, voting machines, voter identification, ballot access, and direct democracy. This is an essential resource both for students of the electoral process and scholars of election law and election reform.
Author: Louis Massicotte
Publisher: University of Toronto Press
Release Date: 2004
Genre: Political Science
There are an astonishing variety of election laws across contemporary democratic societies. In Establishing the Rules of the Game, Louis Massicotte, André Blais, and Antoine Yoshinaka provide the first thorough examination of these laws. The study incorporates original data collected from more than sixty democracies around the world, and touches on oft-ignored, yet extremely important, aspects of election laws. The countries covered by the study include Argentina, Brazil, Canada, France, Japan, the Netherlands, the Philippines, Romania, and the United Kingdom. The authors focus on six dimensions of election laws: the right to vote, the right to be a candidate, the electoral register, the agency in charge of the election, the procedure for casting votes, and the procedure to sort out the winners and losers. Massicotte, Blais, and Yoshinaka uncover underlying patterns, explaining why certain types of country tend to adopt a given sets of rules. In general, former colonies adopt the same laws as their former mother country. There is also a tendency for established democracies to be more inclusive than non-established ones. The authors point out sociological patterns and review normative and practical arguments for and against each set of rules, providing invaluable information for students of elections and democratic theory as well as election practicioners.
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: Richard Hasen
Publisher: NYU Press
Release Date: 2006-03-01
In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.