Author: Daniel Hays Lowenstein,Richard L. Hasen,Daniel P. Tokaji
The new streamlined and student-friendly Fifth Edition of Election Law: Cases and Materials fully covers developments in election law in the 2012 election season including; extensive coverage of Citizens United, super PACs, and other campaign finance developments; emerging issues in voting rights and redistricting, including coverage of the Texas redistricting and voter identification cases; and new coverage of issues in judicial elections. It will continue to include perspectives from law and political science, and is appropriate in both law and political science courses. The extensive campaign finance coverage makes the book appropriate for a campaign finance seminar as well. For the first time, an electronic version of the casebook will be available as well.
Daniel Hays Lowenstein,Daniel P. Tokaji,Richard L. Hasen
Author: Daniel Hays Lowenstein,Daniel P. Tokaji,Richard L. Hasen
The 2016 Supplement to the fifth edition of Election Law: Cases and Materials is up to date through the end of the Supreme Court's October 2015 term. It includes excerpts of the Supreme Court¿s decisions in McCutcheon v. FEC and other post-Citizens United campaign finance cases, as well as Shelby County v. Holder, which struck down a key provision of the Voting Rights Act. This year's supplement covers recent redistricting cases from Alabama, Arizona, Texas, and Virginia, including Evenwel v. Abbott, the latest word on the meaning of one person, one vote. The supplement also considers new developments in voting rights, including ongoing lawsuits over voter identification, early voting, and voter registration, as well as litigation over citizenship requirements under the Elections Clause following the Supreme Court¿s opinion in Arizona v. Inter Tribal Council. Finally the supplement covers the Court¿s decision in Susan B. Anthony List v. Driehaus regarding false campaign speech.
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.
This casebook offers a student-friendly, practical approach with carefully-designed pedagogical features. Its streamlined approach tracks the chronological order of an election, with significant focus on election administration. Features: Tightly-edited cases Useful notes that help serve as classroom discussion tools Up-to-date with the most recent Supreme Court and lower court decisions, including Shelby County (invalidating part of the Voting Rights Act) and lower court litigation involving the 2012 election
On December 12, 2000, a controversial decision by the Supreme Court of the United States effectively ended the disputed presidential contest between George W. Bush and Albert Gore Jr. with a 5-4 ruling that revealed the court to be as bitterly divided as the electorate. Four days earlier, the Florida Supreme Court had abruptly changed the dynamics of the election by reversing a lower court and ordering hand recounts of "undervotes" statewide. The U.S. Supreme Court quickly stepped in to halt the recounts and agreed to hear Bush v. Gore. After brief oral arguments and a short period of deliberation, the high court reversed the state court decision. The justices in both cases were bitterly divided, and passionate language emerged in both the majority rulings and the dissents. The drama and divisiveness of this extraordinary saga come to life in the rulings, opinions, and dissents from these two cases: U.S. Supreme Court case 00-949 (Bush v. Gore) and Florida Supreme Court case 00-2431 (Gore v. Harris). The first section of this volume gathers the complete text of both rulings, along with selections from oral arguments in the U.S. Supreme Court case. The second section of the book gathers the most significant opinion pieces from journalists and scholars on both sides of the political fence. Selected and organized by political analysts E.J. Dionne and William Kristol, these articles illuminate the perspectives of both sides about the various twists and turns in the post-election campaign, and the landmark judicial intervention. A companion website will provide links to documents from additional legal proceedings and other related documents and writings. The legal and historical significance of the 2000 election will be studied and debated for years to come. This volume combines the most important source documents with the most intelligent opinion and analysis about the conflict and its controversial resolution.
Author: Michael Dimino,Bradley Smith,Michael Solimine
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.
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.
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.
John Fund explores the real divide the country faces with the looming election. Through wary thoughts on voting integrity, he shows how eletions can be decided by the votes of dead people, illegal felon voters, and absentee voters that simply don't exist. If nothing is done to address the growing cynicism about vote counting, rest assured that another close presidential election that descends into bitter partisan wrangling is just around the corner.
Now in its fourth edition, this book reflects the extraordinary growth in the law of higher education and the accompanying rise in scholarship and commentary on higher education law and governance. The case selection reflects major themes and issues. To this end, cases with interesting facts, news accounts of fascinating developments, and insights and articles from scholars and practitioners have also been used. The result is a unique book on a rapidly growing area of law and society. It is the most established and widely adopted casebook in the field. Updated with recent court cases and statutes, it can be used in law schools, in colleges of education, or in professional courses.
In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School
The History of Disputed Elections in the United States
Author: Edward Foley
Publisher: Oxford University Press
Category: Election monitoring
"The 2000 presidential election, with its problems in Florida, was not the first major vote-counting controversy in the nation's history--nor the last. Ballot Battles traces the evolution of America's experience with these disputes, from 1776 to now, explaining why they have proved persistently troublesome and offering an institutional solution"--
One of the most dynamic fields in the legal academy now has its own Stories book. This title offers a rich and detailed account of the most significant cases in election law, including the landmark decisions of Reynolds v. Sims, Bush v. Gore, Citizens United v. Federal Election Commission, and Shelby County v. Holder. The book relies on a unique encapsulated approach to storytelling, as each of its authors surveys an important doctrinal area in the field through the telling of his or her story. The volume's thirteen cases concern the right to vote, redistricting and gerrymandering, campaign finance, and election administration. The book is suited for courses in the law of democracy at both the graduate and undergraduate levels.
The ideal book to complement a problem-based evidence course, this new title brings to life some of Evidence Law's most important and interesting cases, and the principles they represent. This publication contains essays by leading evidence scholars discussing the stories behind landmark cases and illuminating principles and materials across the evidence curriculum. The seldom-told stories behind cases where evidence plays a significant role are now told with important illustrations of the development, application, and importance of the rules of evidence.
Author: Juan Perea,Richard Delgado,Angela P. Harris,Jean Stefancic
Publisher: West Academic Publishing
This casebook presents interdisciplinary, critical perspectives on race and racism and covers the roles of law and history in shaping the meanings of race in the United States. Updates the second edition with new material on: President Obama's election and "post-racialism"; important studies of implicit bias; the Voting Rights Act and allegedly race-neutral restrictions on voting; recurring violence against and harassment of Latino immigrants; book-banning in Arizona; and demographic changes and their implications. Includes new cases such as Shelby County v. Holder and Schuette v. Coalition to Defend Affirmative Action, current statistics, and updated references. Features rich historical treatment of major racialized groups in the United States: African Americans, Indians, Latinos/Latinas, Asian Americans, and Whites. Contains chapters on differing implications of enslavement, conquest, colonization, and immigration, as well as on equality, education, freedom of expression, family and sexuality, stereotyping, and crime.
Sex Equality, third edition, comprehensively updates and analyzes the legal doctrine and social concept of sex equality in theoretical, comparative, international, historical, and social scientific context. Together with the relative situation of women and men, detailed attention is given throughout to racism, the treatment of Native peoples, economic class, sexual orientation, and transgender status. Centered on U.S. legal cases, the book maps and interrogates the traditional approach to sex discrimination based on sameness and difference and develops a theory of substantive equality based on hierarchy as well. Materials on race, work, education, athletics, and pregnancy are included. An updated chapter on burdens of proof equips the litigator with basic technical tools in critical perspective. Expanding sex equality concepts, including arguments gaining increasing recognition, the law of the family, rape, sexual harassment in work and education, gay and lesbian rights, reproductive issues including abortion and surrogacy, prostitution, and pornography are thoroughly explored in light of contemporary cultural, legal, and transnational developments and controversies. This volume provides detailed information on inequality between the sexes, an expert grasp of the legal and conceptual tools of sex equality in its manifold dimensions, and visions of future possibilities. This stimulating, flexible, up-to-the-minute treatment of a rapidly expanding and changing area--one of the most frequently litigated--provides an accessible basis for courses in law schools and undergraduate colleges by a widely recognized leading expert in the field.
Provides a fresh look at the handling of tensions between people with different ethnic identities from many countries, and seeks out those methods which genuinely reduce conflict. Originally published in 1973 by Little, Brown and Company.