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Right To Education For The Handicapped In West Virginia, Laura F. Rothstein 2019 West Virginia University College of Law

Right To Education For The Handicapped In West Virginia, Laura F. Rothstein

Laura Rothstein

1981 was the International Year of the Disabled Person. During that year handicapped individuals received much attention from the press. Hopefully this publicity will result in an increased awareness of the existence of handicapped persons in our society, the special problems they have, and also their special abilities. Of the legal issues concerning handicapped individuals, the one receiving the most attention is the right to education. Many changes have occurred in the legal requirements placed on state and local educational agencies, and these changes in the law have caused dramatic changes in the attitudes of parents, teachers, administrators, and others ...


Vying To Be King Of The Jungle: Where Top-Two Primaries Fall Short, Taylor Larson, Joshua A. Duden 2019 LS2group

Vying To Be King Of The Jungle: Where Top-Two Primaries Fall Short, Taylor Larson, Joshua A. Duden

Concordia Law Review

Top-two primaries pose significant constitutional issues for political parties, but primary system selection is also a significant policy question for each state. Primary elections have served as a filter for candidates to enter the general election; however, primaries are predominantly party functions. Although the process varies from state-to-state and is regulated by individual state legislatures, primary elections allow voters of a particular party to nominate the candidate they think best represents them against other parties in the general election. To combat partisan politics, Washington and California have grappled with election reform by adopting a "top-two" primary system. This version of ...


Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar 2019 University of Southern California

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First ...


Trusting The Federalism Process Under Unique Circumstances: United States Election Administration And Cybersecurity, Eric S. Lynch 2019 College of William & Mary Law School

Trusting The Federalism Process Under Unique Circumstances: United States Election Administration And Cybersecurity, Eric S. Lynch

William & Mary Law Review

No abstract provided.


Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo 2019 Cornell Law School

Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo

Muna B Ndulo

No abstract provided.


Is Groton The Next "Evenwel"?, Paul H. Edelman 2019 Selected Works

Is Groton The Next "Evenwel"?, Paul H. Edelman

Paul Edelman

In Evenwel v Abbott the Supreme Court left open the question of whether states could employ population measures other than total population as a basis for drawing representative districts so as to meet the requirement of ``one person- one vote'' (OPOV). It was thought that there was little prospect of resolving this question soon as no appropriate instances of such behavior was known. That belief was mistaken. In this note I report on the Town of Groton, Connecticut which uses registered voting data to apportion seats in its Representative Town Meeting, and has done so since its incorporation in 1957 ...


Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes 2019 Texas Weslyan University School of Law

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

Wayne R. Barnes

No abstract provided.


Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin 2019 Fordham University School of Law

Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin

Fordham Law Review Online

This Essay addresses whether noncitizen parents of school children should be allowed to vote in school board elections. They are currently prohibited from doing so in all but a dozen jurisdictions in only three states. Part I provides background on school boards of education. Part II explores the debate surrounding noncitizen voting in school board elections. It then argues that noncitizen parents’ distinct interest and stake in school board elections support affording them the right to vote in these elections. Moreover, studies show that allowing noncitizen parents to vote would increase the academic achievement of immigrant children, most of whom ...


Election Law And White Identity Politics, Joshua S. Sellers 2019 Arizona State University, Sandra Day O'Connor College of Law

Election Law And White Identity Politics, Joshua S. Sellers

Fordham Law Review

The role of race in American politics looms large in several election law doctrines. Regrettably, though, these doctrines’ analyses of race, racial identity, and the relationships between race and politics often lack sophistication, historical context, or foresight. The political status quo is treated as race-neutral, when in fact it is anything but. Specifically, the doctrines rely upon sanguine theories of democracy uncorrupted by white identity–based political calculations, while in fact such calculations, made on the part of both voters and political parties, are pervasive. In this Article, I appraise the doctrine pertaining to majority-minority voting districts, racial gerrymandering doctrine ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Three-Fifths Rule And The Presidential Elections Of 1800 And 1824, Michael L. Rosin 2019 University of St. Thomas, Minnesota

The Three-Fifths Rule And The Presidential Elections Of 1800 And 1824, Michael L. Rosin

University of St. Thomas Law Journal

No abstract provided.


Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume 2019 Pepperdine University

Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume

Pepperdine Law Review

The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force ...


The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin 2019 Yale Law School

The Recent Unpleasantness: Understanding The Cycles Of Constitutional Time, Jack M. Balkin

Indiana Law Journal

In this Article, I will talk about what I expect is going to happen in the next five to ten years. Unlike eclipses, however, one can’t be entirely sure of the future. Politics is not astronomy, and human affairs do not operate like clockwork. Moreover, we can’t assume that everything is already foreordained: that if people simply sit on their hands and do nothing, the cycles I describe in this lecture will take care of themselves. Quite the contrary. I am telling a story about what happens in the long run, but it is not a deterministic story ...


Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot 2018 Norwich University

Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot

Journal of Digital Forensics, Security and Law

This paper is designed to expose vulnerabilities within the US electoral system, the use of cyberspace to exploit weaknesses within the information assurance strategies of the democratic and republican party organizations, and deficiencies within the social media communications and voting machine exploits. A brief history of discriminatory practices in voting rights and voting access will be set as the foundation for the argument that the system is vulnerable in the cyber age, and the need for reform at the local, state and national levels will be emphasized. The possibility of a foreign nation-state influencing the outcome of an election by ...


A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green 2018 William and Mary Law School

A Chance To End Gerrymandering In Virginia, A. E. Dick Howard, Rebecca Green

Popular Media

No abstract provided.


Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School of Law 2018 Bangor Daily News

Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis 2018 University of Florida Levin College of Law

The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis

UF Law Faculty Publications

This paper will explore the origins of Florida’s felony disenfranchisement laws in the period from 1865 to 1968. The first part of this paper will review the Thirteenth Amendment to the U.S. Constitution, which ended slavery, and the Florida Black Code, which sought to return freedmen to a slavery-like status. The second part of the paper will explore Florida’s reaction to the passage of the Reconstruction Act of 1867, which conditioned reentrance into the Union on the writing of new state constitutions by former Confederate states extending the right to vote to all males regardless of race ...


A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Cody S. Barnett, Joshua A. Douglas 2018 College of William & Mary Law School

A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Cody S. Barnett, Joshua A. Douglas

William & Mary Law Review

Justice John Paul Stevens retired from the Supreme Court almost a decade ago and turned ninety-eight years old in April 2018. How should we remember his legacy on the Supreme Court? This Article places his legacy within his election law jurisprudence. Specifically, Justice Stevens provided a consistent theory, which we term “impartial governance,” that has had a lasting impact on the field. This theory undergirds Justice Stevens’s creation of the important Anderson-Burdick-Crawford balancing test that federal courts use to construe the constitutionality of laws that impact the right to vote, such as voter ID laws. It is part of ...


Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow 2018 University of Georgia School of Law

Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow

Journal of Intellectual Property Law

No abstract provided.


Counterfeit Campaign Speech, Rebecca Green 2018 William and Mary Law School

Counterfeit Campaign Speech, Rebecca Green

Popular Media

No abstract provided.


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