Guy-Uriel E. Charles & Luis E. Fuentes-Rohwer, State’s Rights, Last Rites, and Voting Rights (2014) (forthcoming Nw. Univ. L. Rev.), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2377475. Abstract: There are two ways to read the Court’s decision in Shelby County, as a minimalist decision and as a decision … Continue reading
Bertrall L. Ross II, Democracy and Renewed Distrust: Equal Protection and the Evolving Judicial Conception of Politics, 101 Calif. L. Rev. 1565 (2013). Abstract: Judicial interpretations of the Equal Protection Clause have undergone a major transformation over the last fifty … Continue reading
Kareem U. Crayton and Terry Smith, Unteachable: Shelby County, Canonical Apostasies, and Ways Forward for the Voting Rights Act (2013), available at http://ssrn.com/abstract=2361495. Abstract: In this paper, we analyze the Supreme Court’s decision in Shelby County, Alabama v. Holder, which … Continue reading
Franita Tolson, The Constitutional Structure of Voting Rights Enforcement (2013) (forthcoming Washington Law Review), available at http://ssrn.com/abstract=2303155. Abstract: Scholars and courts have hotly debated whether the preclearance regime of the Voting Rights Act is constitutional under the Reconstruction Amendments, but in answering this … Continue reading
Ciara Torres-Spelliscy, Severability & Electoral Silver Linings after Shelby, Citizens United, and Bennett, Stetson University College of Law Research Paper No. 2013-11 (2013) available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2322180. Abstract: This short essay addresses severability in recent U.S. Supreme Court cases about election law: Shelby County … Continue reading
Janai S. Nelson, The First Amendment, Equal Protection, and Felon Disfranchisement: A New Viewpoint, 65 Fla. L. Rev. 111 (2013). Abstract: This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of … Continue reading
Spencer Overton, Matching Political Contributions, 96 Minn. L. Rev. 1694 (2012). Abstract: Traditional public financing of campaigns is in trouble. Successful candidates have increasingly rejected public financing because it provides inadequate funding and limits candidate spending. November 2012 was the first … Continue reading
