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: 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: 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: 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: Abner Greene
Publisher: NYU Press
Release Date: 2001-09-01
Genre: Political Science
Paperback Edition: Updated and with a New Foreword The nation will not soon forget the drama of the 2000 presidential election. For five weeks we were transfixed by the legal clashes that enveloped the country from election night to the Gore concession. It was instant history, and will be studied by historians, lawyers, political scientists, media critics and others for years to come. Even for those who followed the events most closely, the legal twists and turns of the post-election struggles seemed at times bewildering. We witnessed manual recounts of election ballots, GOP federal court lawsuits challenging those recounts, two Florida Supreme Court opinions, lawsuits over butterfly and absentee ballots, questions about the role of the Florida legislature and the United States Congress in resolving presidential election disputes, and two United States Supreme Court decisions, the second of which finally handed the election to Bush. Although the 2000 Presidency was decided through much legal wrangling, one should not have to be a lawyer to understand how we came to have Bush rather than Gore as our President in that hotly contested election. Understanding the 2000 Election offers an accessible, comprehensive guide to the legal battles that finally gave George W. Bush the Presidency five weeks after election night. Meant to stand next to and clarify the numerous journalistic and personal accounts of the election drama, Understanding the 2000 Election offers a offers a step-by-step, non-partisan explanation and analysis of the major legal issues involved in resolving the presidential contest. The volume also offers a clear overview of the Electoral College, its history, what would be involved in switching over to a direct election, and the likely future of the Presidential electoral process. While some still decry the 2000 election outcome as the result of political manipulation rather than the rule of law, Greene shows that almost every legal conclusion of the post-election struggle can be understood through the application of legal principle, rather than politics.
Publisher: Council of Europe
Release Date: 2002
Genre: Political Science
Family voting is a patriarchal custom that allows men to vote with or for women family members, and this practice has been identified in several of the new European democracies by election observers since 1995. This custom deprives women of their right to a secret vote and contributes to their marginalisation in political life. This report explores this aspect of gender inequality in political systems and contains recommendations to combat it, including Recommendation 111 (2002) of the Congress of Local and Regional Authorities of Europe on women's individual voting rights: a democratic requirement.
This book examines the law of elections in Australia. It explores Australia's rich history of electoral law innovation as well as exciting contemporary challenges such as electronic voting and party regulation. Topics covered also include the centenary of the first uniform federal franchise, the Gore v Bush 2000 US presidential election, and the role of scrutineers in the electoral process. The volume draws together as contributors a range of insiders and other Australian and international commentators with long experience in electoral administration and electoral law. Authors include leading lawyers, political scientists, historians and electoral administrators.
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: 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: Wolters Kluwer Law & Business
Release Date: 2014-10-30
A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures An up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, campaign finance law, and voting rights. Suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Features an easy-to-follow correlation chart that matches the book's coverage to the leading casebooks. Written by one of the leading voices in the field of election law and legislation. No other statutory supplement is as comprehensive, up-to-date, and full of examples (and answers) to test student knowledge.
Author: Alexander J. Bott
Publisher: Greenwood Publishing Group
Release Date: 1990-01-01
This clearly written handbook brings together a great deal of information about fundamental political rights in this country and will be of interest well beyond the legal community. "Reference Books Bulletin" This handbook is the only book in the field of law to present current legal thought on basic political rights of Americans and to treat primarily statutory law and judicial cases. The political rights examined include the right to vote, the right to be a political candidate and gain ballot access, the right to fair and effective representation, rights under the Federal Voting Rights Act, the right of people to participate directly in the governing process through the initiative, referendum, and recall, the right of political expression, the right of political association, the right to know, and the political rights of public officials and employees. These rights are covered in separate chapters that give historical background and then analyze the right's current status. Readers will find detailed descriptions of many federal and state court decisions, examinations of federal and state laws, and numerous tables that offer state-by-state surveys of constitutional and statutory provisions. Each of the ten chapters begins with the right's history and is followed by a discussion of the right's general significance. The right is then studied from various aspects and its current legal status is examined in a thorough discussion of the development of judicial thought through the doctrine cases, through a presentation of the up-to-date state law with citations for specific statutes, and through an explanation of recent relevant cases, though not necessarily doctrine cases. Recent literature receives comment not only in the text, but is also footnoted and listed in a bibliography of additional literature. A comprehensive treatment of its subject that reflects the renewed interest in political rights in the United States, this handbook of current laws that regulate those rights will be an invaluable resource for students and teachers of government, politicians, campaign managers and attorneys, students of law, and citizens who want to participate effectively in a democratic society. This work should be a part of the reference collections of university, law, and public libraries.
Author: John Hardin Young
Publisher: American Bar Association
Release Date: 2009
This book is a practical resource covering standards, rules, and other criteria that apply to elections around the world. The book is designed to help attorneys (and others observing or otherwise participating in the electoral process) understand the general standards and theoretical complexities of the field. Each author presents core principles to explain electoral processes and examines democratic elections in a broader political context. This comprehensive resource will help unite theory and practice.
Author: Garrine P. Laney
Publisher: Nova Publishers
Release Date: 2003-01-01
Genre: Political Science
By passing the Voting Rights Act of 1965, Congress challenged the widespread evidence of disfranchisement of black citizens in certain southern states. This Act protects citizens' right to vote by forbidding covered states from using any tests that would determine eligibility to vote, by requiring these states to obtain federal approval before enacting any election laws and by assigning federal officials to monitor the registration process in certain localities. In 1970, Congress extended the Voting Rights Act for an additional 5 years and its coverage to other jurisdictions when evidence presented at congressional hearings revealed continued racial discrimination in voting. Throughout the next three decades, further legislation was added to the Act, to more wholly protect the individual citizen of this country. This book delves into the history of the Voting Rights Act as well as the current challenges and issues that face Congress. Contents: Introduction; The Voting Rights Act of 1965; The Voting Rights Amendments of 1970; The Voting Rights Amendments of 1975; The Voting Rights Amendments of 1982; The Voting Rights Amendments of 1992; Current Major Provisions of the Act; Presiden