Election law is a dynamic and rapidly expanding field that generates enormous public interest. It is also of great practical importance to lawyers and law students, with increasing litigation and many controversial Supreme Court decisions such as Bush v. Gore, Citizens United v. FEC, and Shelby County v. Holder. This Nutshell provides a succinct and thorough description of the law governing elections, the right to vote, and the political process in the United States. The topics addressed include "one person, one vote," gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell covers U.S. constitutional law in these areas, as well as the Voting Rights Act, Federal Election Campaign Act, and other essential statutes. It includes Evenwel v. Abbott, McDonnell v. United States, and other cases from the 2015-16 Supreme Court Term.
The second edition of Election Law in the American Political System 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. The second edition of this casebook is updated throughout with new material including identity theory of voting behavior, alternative electoral systems, emerging metrics for evaluating the quality of election administration, and developments concerning the advent of “fake news” in election campaigns. Election Law in the American Political System also includes expanded coverage of developments regarding independent districting commissions, judicial elections, legal standards to adjudicate partisan gerrymandering, and the concept of “wisdom of the multitude.” With redesigned coverage and a thoughtful selection and careful editing of cases, the second edition contextualizes legal doctrine by providing insightful background readings and using expository material to introduce topics. New to the Second Edition: New coverage: Identity theory of voting behavior. Alternative electoral systems, including limited and cumulative voting and the single transferable vote. Evolution of judicial review of democratic processes. Developments concerning the advent of “fake news” in election campaigns. The emerging law of “ballot selfies.” Emerging metrics for evaluating the quality of election administration. Expanded coverage of: Concept of “wisdom of the multitude” Legal standards to adjudicate partisan gerrymandering. Developments regarding independent districting commissions, including an extended excerpt from Arizona State Legislature Judicial elections.
In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the election rested on Florida's 25 electoral votes, and legal wrangling continued for 36 days. Then, abruptly, one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore, cut short the battle. Since the Florida debacle we have witnessed a partisan war over election rules. Election litigation has skyrocketed, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy "armies of lawyers" and the partisan press revs up when elections are expected to be close and the stakes are high.
With new and revised essays throughout, Campaigns and Elections American Style provides a real education in practical campaign politics. In the fourth edition, academics and campaign professionals explain how campaign themes and strategies are developed and communicated, the changes in campaign tactics as a result of changing technology, new techniques to target and mobilize voters, the evolving landscape of campaign finance and election laws, and the increasing diversity of the role of media in elections. Offering a unique and careful mix of Democrat and Republican, academic and practitioner, and male and female campaign perspectives, this volume scrutinizes national and local-level campaigns with special focus on the 2012 presidential and congressional elections.Students, citizens, candidates, and campaign managers will learn not only how to win elections but also why it is imperative to do so in an ethical way. Perfect for a variety of courses in American government, this book is essential reading for political junkies of any stripe and serious students of campaigns and elections.
This compact, comprehensive title offers a thorough overview of the history, constitutional basis, statutory structure, regulatory provisions, administrative procedure, and ethical principles related to immigration law and practice. Updated to reflect developments since the 2016 Presidential election, it is valuable both as a teaching and a practice reference.
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. The eBook versions of this title feature links to Lexis Advance for further legal research options.
One of the most dynamic fields in the legal academy now has its own Stories book. This title offers a rich and detailed account of the most significant cases in election law, including the landmark decisions of Reynolds v. Sims, Bush v. Gore, Citizens United v. Federal Election Commission, and Shelby County v. Holder. The book relies on a unique encapsulated approach to storytelling, as each of its authors surveys an important doctrinal area in the field through the telling of his or her story. The volume's thirteen cases concern the right to vote, redistricting and gerrymandering, campaign finance, and election administration. The book is suited for courses in the law of democracy at both the graduate and undergraduate levels.
This casebook offers a student-friendly, practical approach with carefully-designed pedagogical features. Its streamlined approach tracks the chronological order of an election, with significant focus on election administration. Features: Tightly-edited cases Useful notes that help serve as classroom discussion tools Up-to-date with the most recent Supreme Court and lower court decisions, including Shelby County (invalidating part of the Voting Rights Act) and lower court litigation involving the 2012 election
"Campaign finance reform has always been motivated by a definition of democracy that does not count corporations as citizens and holds that self-government works best by reducing political inequality. In the early years of the twentieth century, Congress recognized the strength of these principles by prohibiting corporations from making campaign contributions, passing a disclosure law, and setting limits on campaign expenditures. These reforms were not controversial at the time, but conservative opposition to them appeared in the 1970s. That opposition was well represented in the Supreme Court, which has rolled back reform by granting First Amendment rights to corporations and declaring the goal of reducing political inequality to be unconstitutional. Buying the Vote analyzes the rise and decline of campaign finance reform by tracking changes in the way presidential campaigns have been funded since the late nineteenth century, and changes in the debate over how to reform fundraising practices. A close examination of major Supreme Court decisions shows how the Court has fashioned a new and profoundly inegalitarian redefinition of American democracy"--
This text provides a systematic description of the legal construction of American democracy. Much of this edition's revision consists of making note material more concise and reducing the coverage of issues that have become less important as the frontiers of the field moved in new directions. This edition covers the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
The new streamlined and student-friendly Fifth Edition of Election Law: Cases and Materials fully covers developments in election law in the 2012 election season including; extensive coverage of Citizens United, super PACs, and other campaign finance developments; emerging issues in voting rights and redistricting, including coverage of the Texas redistricting and voter identification cases; and new coverage of issues in judicial elections. It will continue to include perspectives from law and political science, and is appropriate in both law and political science courses. The extensive campaign finance coverage makes the book appropriate for a campaign finance seminar as well. For the first time, an electronic version of the casebook will be available as well.
Few areas of law practice cover as many issues as family law. The subject embraces marriage and divorce, annulment, custody of children, spousal and child support, complex property issues, paternity, domestic violence, adoption, and alternative means of reproduction. Each of these topics itself is complex. For example, within the broad subject of child custody lie the issues of interstate move away cases, international parental child abduction, and the impact of domestic violence on a parent's right to custody or visitation. In addition to purely legal issues, family law has a large psychological component, touching on some of the most important and sensitive aspects of human nature and interaction, such as, what is a family, what are the rights and responsibilities of parents toward children, and how should society respond to child abuse and domestic violence? All of these issues, and more, are discussed in this Nutshell. The book provides a thorough introduction to this challenging field of practice.
Canby?s American Indian Law in a Nutshell, Fourth Edition is a succinct but comprehensive treatment of federal Indian law, with emphasis on jurisdictional problems and the policies underlying them. Topics include the history of American Indian law and policy, the federal-tribal trust relationship, Indian tribal sovereignty, treaty rights, criminal and civil jurisdiction in Indian country, Indian civil rights, tribal water rights and hunting and fishing rights. All text is supported by citation of cases and statutes.
Gain an overview and develop perspective on the extensive area of criminal law. Organized into eight sections for quick reference. Expert discussion explores punishment, specific crimes, and the ingredients of a crime such as mens rea and actus reus. Features special defenses and the burden of proof. Covers inchoate and group criminality. Also reflects on the limitations of criminal law.
A former state legislator and a political scientist team up to show how New York's legislature was once the nation's model professional legislature, and how it might recover from its present dysfunction.
This product offers a compact yet comprehensive and up-to-date overview of U.S. copyright law in an uncluttered and readable format. Coverage ranges from the fundamental concepts of originality, authorship, and infringement to the highly technical rules governing digital phonorecord deliveries and digital public performance rights in sound recordings, the safe harbor provisions that limit the liability of Internet service providers, and the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. The evolving doctrines of fair use and contributory liability are also given thorough attention.
This Nutshell provides an overview of individual employee rights and responsibilities. It addresses a number of areas, including establishing and ending the employment relationship, protection of employee privacy and reputation, discrimination, regulation of wages and hours, employee physical safety, fringe benefits, and employee duties of loyalty. This edition includes a substantially revised treatment of discrimination law, expanded discussion of employment-based health care, and takes into account a number of recent Supreme Court decisions and the use of executive orders. It further addresses how employment law directly impacts the modern economy, discussing how this area of the law effects on-demand workers in the technology sector.
The Second Case in the World; Legal Analysis Made Simple; Thoughts on Stare Decisis, Relative Value and Ethics; Studying Lass: Looking Busy is Not Enough; Reading Cases; Briefing Cases; General Study Tips; Writing Lass' Exams: The Only Skill Worth Having; More Stuff on Exams; Fear and Loathing in the First Year; Pretrial Process; Trials; Legal Argument (Moot Court); Mechanics of Oral Argument; Legal Research: High Drama in Dull Places; Legal Writing; Second and Third Years; Career Choices; Lawyers Talk About What They Do.
This product provides a short and readable source for individuals interested in constitutional law, First Amendment law, and communications law. It is divided into four parts: the history, methodology, and philosophical foundations of the First Amendment; topics such as First Amendment issues that arise in cable television and in regulating children's access to the Internet; issues in First Amendment law such as the public forum doctrine, the compelled speech doctrine, and the free expression rights of government employees; and the text, history, and theory of the religion clauses, chronicling the ongoing battle in the Supreme Court between accommodationists and separationists.