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[PDF] Top 20 Bush v. Gore as an Equal Protection Case

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Bush v. Gore as an Equal Protection Case

Bush v. Gore as an Equal Protection Case

... Equal protection ought to apply to the nitty-gritty of local election practices because those practices can have the effect of disenfranchis- ing voters and discriminating among identifiable groups of ... See full document

54

The Right of Suffrage in Montana: Voting Protections under the State Constitution

The Right of Suffrage in Montana: Voting Protections under the State Constitution

... Briffault, Bush v. Gore as an Equal Protection Case, 29 ...(Bush v. Gore Issue 2001) (“The Constitution of its own force enfranchises no ...Bush ... See full document

25

Conceptions and Misconceptions of State Constitutional Law in Bush v. Gore

Conceptions and Misconceptions of State Constitutional Law in Bush v. Gore

... in Bush II had garnered majority support, it would not provide an authoritative guide for a particular reading of state constitutions in other ...in Bush II, the image of state constitutions and state ... See full document

32

Disappearing Democracy: How Bush v. Gore Undermined the Federal Right to Vote for Presidential Electors

Disappearing Democracy: How Bush v. Gore Undermined the Federal Right to Vote for Presidential Electors

... innovative equal pro- tection cases of the past half century, a decision to interpret the Fourteenth Amendment as assuring the right to vote in presidential elections would rest on textual clues more specific and, ... See full document

53

Unduly Partial: The Supreme Court and the Fourteenth Amendment in Bush v. Gore

Unduly Partial: The Supreme Court and the Fourteenth Amendment in Bush v. Gore

... of equal protection doc- trine related to ...of equal protection analysis, the Court has developed doctrines of equal protection in the political arena that have no counterpart ... See full document

18

New Wine in Old Bottles: A Comment on Richard Hasen's and Richard Brifault's Essays on Bush v. Gore

New Wine in Old Bottles: A Comment on Richard Hasen's and Richard Brifault's Essays on Bush v. Gore

... of Bush v. Gore for the Court’s federalism ...the Bush v. Gore claim as more intrusive on federalism values than prior doctrine because, in his view, the nuts and bolts of ... See full document

19

A Place at the Table: Bush v. Gore Through the Lens of Race

A Place at the Table: Bush v. Gore Through the Lens of Race

... 19. Briffault, supra note 8, at 347 nn.103-04 (citing Hill v. Stone, 421 U.S. 289 (1975) (concluding that a Texas provision impermissibly disenfranchised otherwise qualified vot- ers solely because they had not ... See full document

26

Judging Judging: The Problem of Second-Guessing State Judges' Interpretation of State Law in Bush v. Gore

Judging Judging: The Problem of Second-Guessing State Judges' Interpretation of State Law in Bush v. Gore

... In reversing, the Supreme Court did not take issue with defendant’s assertion that appli- cation of the civil rights statute to sexual assault was entirely novel. Yet the Court held that novelty was not the key; rather, ... See full document

44

The Tender Years Presumption: Is It Presumably Unconstitutional

The Tender Years Presumption: Is It Presumably Unconstitutional

... next gender discrimination case, Frontiero v. Statutory classifications which allegedly violate the equal protection clause may be subject to one of three judicially creat[r] ... See full document

19

Toward Dignity in the Workplace: Miller-Wohl and Beyond

Toward Dignity in the Workplace: Miller-Wohl and Beyond

... Federal discrimination analysis also has developed from equal protection claims (e.g., Craig v. In the latter case the court held due process required individual eva[r] ... See full document

35

Quantifying the Impact of Partisan Gerrymandering: Uncompetitive, Unresponsive, and Unaccountable American Democracy

Quantifying the Impact of Partisan Gerrymandering: Uncompetitive, Unresponsive, and Unaccountable American Democracy

... landmark case Davis ...the Equal Protection Clause of the Fourteenth ...such case, California Republicans were ruled not to have been the vic- tim of an unconstitutional gerrymander because ... See full document

10

Dignity and Conflicts of Constitutional Values: The Case of Free Speech and Equal Protection

Dignity and Conflicts of Constitutional Values: The Case of Free Speech and Equal Protection

... 223. See, e.g., Kent Greenawalt, Insults and Epithets: Are They Protected Speech?, 42 R UTGERS L. R EV . 287 (1990); Michelman, supra note 218; powell, supra note 25. 224. Note, The Demise of the Chaplinsky Fighting ... See full document

51

Bush v. Gore: Reply to Friedman

Bush v. Gore: Reply to Friedman

... 19. Darby v. State ex rel. McCollough, 75 So. 411, 412 (Fla. 1917) (per curiam). Not all the instructions given voters are intended to state legal requirements. See P OSNER , supra note 3, at 107 n.29. In Darby, a ... See full document

9

Bush v. Gore and the Future of Equal Protection Law in Elections

Bush v. Gore and the Future of Equal Protection Law in Elections

... the case for court intervention weaker for third-level claims than for first- and second-level claims, but the state and local interests in local variations are also on stronger moral ...elections. Bush ... See full document

32

Trying to Make Peace with Bush v. Gore

Trying to Make Peace with Bush v. Gore

... undervote. Bush v. Gore, 531 ...the case of an issue on the ballot) a political commit- ...counted. Bush v. Gore, 531 ... See full document

61

The Supreme Court, Bush v. Gore, and Rough Justice

The Supreme Court, Bush v. Gore, and Rough Justice

... That the Court may have reached its eventual result by applying its own notions of rough justice thus should not be conclusive in evaluating the integrity of the decision. It does, however, suggest that the opinion may ... See full document

25

The Odd Consequences of Taking Bush v. Gore Seriously

The Odd Consequences of Taking Bush v. Gore Seriously

... in Bush v. Palm Beach Canvassing Board and Bush v. Gore are serious efforts by the majority to articulate new constitu- tional doctrine, which the majority intends to apply consistently ... See full document

27

Federal Equal Protection

Federal Equal Protection

... "Reprinted with permission. Chapter 15, pp. 15-1 to 15-19, Federal Equal Protection, by Taylor Flynn, from "Gender Identity & Sexual Orientation Discrimination in the Workplace: A Practical ... See full document

20

The New Racial Justice: Moving Beyond the Equal Protection Clause to Achieve Equal Protection

The New Racial Justice: Moving Beyond the Equal Protection Clause to Achieve Equal Protection

... And the racial disparity being addressed is undeniable. According to the National Registry of Exonerations, 1040 people had been exonerated as of the date of this Article. About the Registry, N AT ’ L R EGISTRY OF E ... See full document

49

Guest Statute Violates Equal Protection

Guest Statute Violates Equal Protection

... Guest Statute Violates Equal Protection SMU Law Review Volume 27 | Issue 5 Article 8 1973 Guest Statute Violates Equal Protection Dana G Kirk Follow this and additional works at https //scholar smu ed[.] ... See full document

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