All Articles tagged Elections

• 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
  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.

• 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.

• 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.

• 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.

• 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
  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.