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Understanding Election Law and Voting Rights is an excellent supplement to any casebook in election law and a concise but thorough treatise. It is designed to provide students in law, political science, and other fields with a coherent, detailed, and accessible introduction to (or review of) election law. As a study aid, the text helps students synthesize and apply doctrine to typical problems and situations faced by practicing attorneys and policymakers. As a treatise, this book also assists scholars and practicing lawyers in understanding the complex statutes and cases that comprise "election law." This treatise explains election-law doctrine while also introducing the theoretical concerns that underlie the debates. Readers will come away from Understanding Election Law and Voting Rights knowing not only the holdings of cases and the meanings of important statutes, such as the Voting Rights Act, but they will also understand the contending views of free speech, equality, judicial authority, and political fairness that are present throughout the field. Understanding Election Law and Voting Rights takes readers through the electoral process, beginning with the right to vote and continuing through the election itself. Along the way, the authors provide thorough explanations of manifold topics, including Congress's power to protect voting rights, the use of race in districting, political gerrymandering, political parties' rights, the place of third parties, free speech and the First Amendment rights to participate in campaigns and run for office, campaign-finance regulation, vote-counting, and the role of courts in adjudicating disputes about political power and challenges to election "irregularities." Throughout the text, the authors explain election-law concepts in language that is easy to understand, even for readers without a background in constitutional law or political science.
This book is a snapshot of America's voting and electoral practices, problems, and most current issues. The book addresses a variety of fundamental areas concerning election law from a federal perspective such as the Help America Vote Act, lessons learned from the 2000 and 2004 presidential elections, voter identification, and demographic and statistical experts in election litigation, and more. It is a useful guide for lawyers as well as law school professors, election officials, state and local government personnel, and election workers.
Softbound - New, softbound print book.
"An expert on US election law presents an encouraging assessment of current efforts to make our voting system more accessible, reliable, and effective"--
Election law is a dynamic and quickly growing field that has garnered enormous public interest. It is a subject of great practical importance to lawyers and law students, with increasing litigation and several important decisions from the Supreme Court in recent years. Tokaji's Election Law in a Nutshell provides a succinct and thorough description of the law governing voting rights, elections, and the political process in the United States. The topics addressed include the fundamental right to vote, gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell covers the constitutional law in these areas, including rights of free speech and equal protection, as well as the Voting Rights Act and other essential statutes. It addresses Shelby County v. Holder and other cases from the 2012-13 Supreme Court Term.
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
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. This book also is available in a three-hole-punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
The third edition of Election Law in the American Political System pivots to place front and center the profound challenges to American democracy posed by the emergence of a political environment in which repeated, partisan attempts to undermine longstanding democratic processes have become a new norm of political contestation. Like prior editions, it 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. New to the Third Edition: Addresses the perils currently facing American democracy including democratic backsliding, authoritarianism, and election denialism Contextualizes the problem of democratic backsliding as a global phenomenon Provides important intellectual framework and scaffolding by explaining the joint pathologies of illiberalism and populism and how they affect American democracy Updated caselaw with partisan gerrymandering: Rucho v. Common Cause; the Voting Rights Act: Brnovich v. Democratic National Committee; racial gerrymandering: Cooper v. Harris; and political speech: Minnesota Voters Alliance v. Mansky Professors and students will benefit from: Organization that tracks the lifecycle of the democratic process from distribution of the franchise to processes and relationships of representation and through parties, candidate selection, campaign speech and spending, to electoral administration. Multidisciplinary coverage of theories of voting behavior, alternative electoral systems, evolution of judicial review of democratic processes, and developments concerning the advent of “fake news” in election campaigns. Comprehensive coverage of developments in partisan gerrymandering, the Voting Rights Act, judicial campaigning, campaign finance, and electoral administration. A focus on the current problems facing American democracy. A rich set of theoretical materials to help facilitate teaching and engagement of doctrine Well-organized and self-contained units that allow professors to cover topics in the depth and breadth they prefer. Clear, concise, and informative notes to help focus student attention on the issues that are relevant.
This text on election administration and election law discusses the basic framework that governs electoral institutions in the United States. The book unpacks the right to vote, the candidates, districting and gerrymandering, parties and primaries, the Electoral College, campaign finance, and ballot counts and recounts. Each chapter provides a breakdown of rules and procedures in the states, relevant case law, as well as contemporary scholarship in political science, which helps tell us why these rules matter. From the nuts and bolts of apportionment formulas, to the legal reasoning behind court cases, to behavioral research on voter turnout, this book introduces advanced undergraduate or graduate students to the growing body of scholarship on election administration and how our electoral rules matter.