All Articles tagged Election

• State Constitutional Commentary
  December 24, 2024 EDT
  AN EXPLORATION OF JUDICIAL SELECTION METHODS OF STATE HIGH COURTS
  Hon. Leslie E. SteinJohn KowalChad OldfatherNoah RosenblumDavid Sachar

  This Panel examined historical and current judicial selection methods of state supreme courts around the nation, noting the importance state high courts play in upholding democratic ideals.

• State Constitutional Commentary
  December 24, 2024 EDT
  PARTISAN GERRYMANDERING CASES IN STATE SUPREME COURTS IN THE 2020S REDISTRICTING ROUND
  Jonathan CervasBernard GrofmanScott MatsudaJustine Kawa

  This Essay examines redistricting lawsuits before state high courts, focusing on partisan gerrymandering cases, an area that has fallen to state courts to police since the 2019 Rucho SCOTUS decision.

• State Constitutional Commentary
  November 10, 2024 EDT
  (S)ELECTION OF GEORGIA SUPREME COURT JUSTICES: DEMOCRACY—OR DYNASTY?
  Jeffrey A. Van Detta

  This Article traces the history of the Georgia Supreme Court and election of its justices, arguing that the current system produces a dynasty of jurists who are selected, not elected.

• State Constitutional Commentary
  June 13, 2024 EDT
  IDEOLOGICAL COMPETITION OVER STATE SUPREME COURT SELECTION METHODS
  Stephen J. Ware

  This Article shows that ideological competition over selection methods continues in several states, which ostensibly provide supreme court elections, but in practice nearly always appoint their justices.

  Abstract
• State Constitutional Commentary
  January 12, 2023 EDT
  “FREE AND EQUAL”: JAMES WILSON’S ELECTIONS CLAUSE AND ITS IMPLICATIONS FOR FIGHTING PARTISAN GERRYMANDERING IN STATE COURTS
  Brett Graham

  This Article aims to dive into the "free and equal" elections clause, with particular focus on its authorship and potential uses in the future over the battle of partisan gerrymandering.

• State Constitutional Commentary
  March 10, 2021 EDT
  UP BY THEIR OWN BOOTSTRAPS: WILL A NEW SUPREME COURT LET LEGISLATURES BYPASS GOVERNORS OVER REDISTRICTING?
  Richard F. Ober Jr.Samuel S.-H. WangAaron Barden

  In this article, the authors review attempts to treat redistricting as a process not requiring the signature of the governor and cases involving past attempts to exclude opposing parties.

• State Constitutional Commentary
  March 18, 2020 EDT
  CHIEF STATE SUPREME COURTS JUSTICES, FROM JUDICIAL ELECTIONS TO DECISION MAKING: WOMEN’S ISSUES IN THE TRUMP ERA
  Cynthia Boyer

  This article aims to tackle the issue of women as chief justices in State Supreme Court in the Trump era.

• New York Appeals
  September 13, 2019 EDT
  THE APPELLATE DIVISION’S ADJUDICATION OF CHALLENGES TO POLITICAL PARTY NOMINATIONS IN 2018, AND ITS MEANING FOR BALLOT ACCESS IN NEW YORK
  Craig R. Bucki

  Two 2018 appellate division decisions that rejected potential candidacies on technical grounds demonstrate that more remains to be done to achieve the promise of equitable ballot access in New York.

• General
  April 15, 2018 EDT
  THE ORIGIN OF DISPUTED ELECTIONS: CASE STUDIES OF EARLY AMERICAN CONTESTED CONGRESSIONAL ELECTIONS
  Sean J. Wright

  This article concludes that the Founders’ failure to clearly develop a universal framework for resolving disputed elections was a significant oversight.

• General
  June 11, 2017 EDT
  FOREWORD: SHAPING SCOTUS: THE IMPACT OF THE 2016 PRESIDENTIAL ELECTION ON THE FUTURE OF THE SUPREME COURT
  Christopher M. Connors

  Foreword to symposium.

• General
  May 01, 2017 EDT
  OPTIONS FOR CONTINUED REFORM OF MONEY IN POLITICS: CITIZENS UNITED IS NOT THE END
  Nicole A. Gordon

  In the post-Citizens United campaign finance world, several major problems have been posed and exacerbated.

• State Constitutional Commentary
  January 05, 2015 EDT
  JUDICIAL INDEPENDENCE: IS IT PRESERVED OR IMPAIRED BY THE ELECTION OF JUDGES?
  Carmen Beauchamp Ciparick

  Judge Ciparick's lecture.

• State Constitutional Commentary
  September 23, 2013 EDT
  NORTH DAKOTA DISTINCTIVES
  Gerald W. VandeWalle

  This perspective details what makes the North Dakota court system unique.

• General
  January 01, 2013 EDT
  DEBATE ON CITIZENS UNITED V. FEDERAL ELECTION COMMISSION
  Floyd AbramsAlan B. MorrisonRonald K.L. Collins

  Symposium transcript.

• General
  January 01, 2012 EDT
  REVOKING THE IRREVOCABLE BUYOUT: ALIGNING EQUITY WITH DUE DILIGENCE IN CORPORATE DISSOLUTION
  Matthew C. Lucas

  This article explores a proposed method to hone the broad conception of equity the buyout election statutory provisions utilize into something more manageable.

• New York Appeals
  May 05, 2010 EDT
  SKELOS V. PATERSON: THE SURPRISINGLY STRONG CASE FOR THE GOVERNOR’S SURPRISING POWER TO APPOINT A LIEUTENANT GOVERNOR
  Richard Briffault

  This article explains why the Court of Appeals in Skelos v. Paterson was right to conclude that the governor had statutory and constitutional authority for his action.

• General
  August 08, 2009 EDT
  DEFINING RACE: THE OBAMA PHENOMENON AND THE VOTING RIGHTS ACT
  Janai S. Nelson

  Symposium remarks

• General
  May 08, 2009 EDT
  LÓPEZ TORRES AND JUDICIAL SELECTION IN NEW YORK: AN ARGUMENT FOR MERIT-BASED APPOINTMENT TO THE STATE SUPREME COURT
  Justin S. Teff

  This article argues in favor of a constitutional amendment in New York instituting a local merit-based appointment system for state supreme court justices.

• General
  May 08, 2009 EDT
  THE LAW REVIEW ARTICLE SELECTION PROCESS: RESULTS FROM A NATIONAL STUDY
  Jason P. NanceDylan J. Steinberg

  This article chronicles a survey that was sent to 400 student-edited law reviews asking questions designed to peel back the curtain that has shrouded the article selection process.

• New York Appeals
  May 05, 2009 EDT
  ADVANCING THE RULE OF LAW THROUGH JUDICIAL SELECTION REFORM: IS THE NEW YORK COURT OF APPEALS JUDICIAL SELECTION PROCESS THE LEAST OF OUR CONCERNS IN NEW YORK?
  Norman L. Greene

  This article concludes that judicial selection systems within New York State need major reform.

• New York Appeals
  May 05, 2009 EDT
  A STRATEGY FOR JUDICIAL PERFORMANCE EVALUATION IN NEW YORK
  Rebecca Love KourlisJordan M. Singer

  This essay describes how Judicial Performance Evaluation programs work, and explains how both the citizens and judges of New York would benefit from an official, comprehensive JPE program.

• State Constitutional Commentary
  May 05, 2007 EDT
  PENNSYLVANIA SUPREME COURT: THE MORE THINGS CHANGE, THE MORE THEY STAY THE SAME
  James W. Barr

  This high court study considers the effect the election of Justice Eakin and the resulting Republican majority had on the percentage of criminal appeals decided in favor of the prosecution.

• General
  January 01, 2006 EDT
  MINNESOTA REPUBLICAN PARTY V. WHITE AND THE FUTURE OF STATE JUDICIAL SELECTION
  David Schultz

  This article examines the future of state judicial selection in light of the two Republican Party of Minnesota v. White decisions.

• General
  January 01, 2006 EDT
  WRINGING RIGHTS OUT OF THE MOUNTAINS: COLORADO’S CENTENNIAL CONSTITUTION AND THE AMBIVALENT PROMISE OF HUMAN RIGHTS AND SOCIAL EQUALITY
  Tom I. Romero II

  This essay discusses the historical development of the Colorado Constitution.