POLITICAL GERRYMANDERING AND THE COURTS

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Political Gerrymandering And The Courts

Author : Bernard Grofman
ISBN : 0875862667
Genre : Law
File Size : 59.52 MB
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This volume is motivated by three concerns. First is the belief that the issue of political gerrymander will play a significant (although far from dominant) role in redistricting litigation in the 1990s and thereafter. In the 1980s, the legislative and/or congressional redistricting plans of all but a handful of states were subject to lawsuits (Grofman, 1985a). Many of these lawsuits involved the issue of racial vote dilution (Grofman, Migalski, and Noviello, 1985). In the 1980s hundreds of local jurisdictions that used at-large or multimember district elections had their electoral system challenged OCo and most of the jurisdictions under challenge were forced to change their system to a single-member district plan that was not dilutive of minority voting strength (see, e.g., Brischetto and Grofman, 1988). Although partisan gerrymandering is less prevalent than racial vote dilution, in the 1990s we can expect to see challenges to partisan gerrymandering like those in the 1980s to racial vote dilution. In particular, numerous local jurisdictions that use partisan multimember district or at-large elections may be subject to challenge. Second, in commissioning essays I sought to involve a number of the leading scholars in the field so as to put together a largely selfcontained compendium of the major points of view on how issues of partisan gerrymandering are to be litigated. While the ultimate issues in constitutional interpretation are ones that the Supreme Court must resolve, and these will be resolved only after an extensive series of case-by-case adjudications-just as the actual numerical features of the one person, one vote standard evolved only in the decade of litigation after Baker v. Carr (Grofman, 1989a) OCo there is an important role for social scientists to play. Social science testimony proved important in the area of racial vote dilution by aiding courts to interpret the provisions of the Voting Rights Acts (e.g., in defining the operational meaning of terms like racially polarized voting; Grofman, Migalski, and Noviello, 1985; Grofman, 1989b). In like manner, I believe that research by social scientists will aid attorneys and the federal courts in specifying manageable standards to define and measure the effects of partisan gerrymandering. I hope this volume will prove instrumental as the beginning of such a dialogue. The third concern that motivated this volume is my view that egregious partisan gerrymandering is a violation of the Fourteenth Amendment rights of political groups, and that it is both appropriate and necessary for courts to intervene when such rights are significantly impaired. However, I recognize that the courts must steer a careful line so as to avoid encouraging frivolous lawsuits, while at the same time sending a clear message to potential gerrymanders that intentional egregious political gerrymanders, which eliminate competition and are built to be resistant to electoral tides, will be struck down. Court intervention to end egregious partisan gerrymandering is necessary for a number of reasons."
Category: Law

Political Gerrymandering And The Courts

Author : Bernard Grofman
ISBN : 9780875862637
Genre : Political Science
File Size : 51.51 MB
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"Specialists in election law and politics will want to buy and absorb this book. I know of no better survey of the meaning and intention of the Court in Bandemer and the constitutional terrain it has shaped for redistricting in the 90s." - The Law and Politics Review
Category: Political Science

Political Gerrymandering And The Courts

Author : Bernard Grofman
ISBN : UOM:39015019575755
Genre : Law
File Size : 89.67 MB
Format : PDF
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"Specialists in election law and politics will want to buy and absorb this book. I know of no better survey of the meaning and intention of the Court in Bandemer and the constitutional terrain it has shaped for redistricting in the 90s." - The Law and Politics Review
Category: Law

Gerrymandering In America

Author : Anthony J. McGann
ISBN : 9781316589335
Genre : Political Science
File Size : 84.18 MB
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This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.
Category: Political Science

The Appearance Of Equality

Author : Christopher M. Burke
ISBN : 0313307512
Genre : Law
File Size : 46.50 MB
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An examination of the language of law in the area of political representation, this book considers the development and recognition of group claims brought pursuant to the Voting Rights Act and the Equal Protection Clause in Supreme Court opinions. In his analysis, Burke highlights the different, discursive strategies, broadly identified as liberal and communitarian, used by the Supreme Court to justify the outcomes of various cases, and he argues that no particular strategy of justification is inherently politically conservative or liberal and that no conception of political representation is unassailable. Therefore, it is unlikely that the Supreme Court will articulate a stable measure of fair representation. The Supreme Court offers one more forum in the deliberation over what is fair representation; however, it is not likely to provide minority communities with a legal answer to the problem of political underrepresentation. As such, this book tells the uncertain story of the creation of political fairness by the Supreme Court. The language used to characterize what is fair and representative, and the theoretical designs which the rhetoric reflects, allows us to formulate concepts of fair representation as legal standards evolve. By placing the debate over fair representation in not only political and legal but also philosophical terms, we are better able to understand the inevitable tensions that drive the concept of representation into new, ill-defined, and contentious areas.
Category: Law

American Heiress

Author : Jeffrey Toobin
ISBN : 9780385536721
Genre : True Crime
File Size : 56.94 MB
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A National Bestseller From New Yorker staff writer and bestselling author of The Nine and The Run of His Life: The People v. O. J. Simpson, the definitive account of the kidnapping and trial that defined an insane era in American history On February 4, 1974, Patty Hearst, a sophomore in college and heiress to the Hearst Family fortune, was kidnapped by a ragtag group of self-styled revolutionaries calling itself the Symbonese Liberation Army. The weird turns that followed in this already sensational take are truly astonishing--the Hearst family tried to secure Patty's release by feeding the people of Oakland and San Francisco for free; bank security cameras captured "Tania" wielding a machine gun during a roberry; the LAPD engaged in the largest police shoot-out in American history; the first breaking news event was broadcast live on telelvision stations across the country; and then there was Patty's circuslike trial, filled with theatrical courtroom confrontations and a dramatic last-minute reversal, after which the term "Stockholm syndrome" entered the lexicon. Ultimately, the saga highlighted a decade in which America seemed to be suffering a collective nervous breakdown. American Heiress portrays the electrifying lunacy of the time and the toxic mic of sex, politics, and violence that swept up Patty Hearst and captivated the nation.
Category: True Crime

The Justice Of Contradictions

Author : Richard L. Hasen
ISBN : 9780300228649
Genre : Biography & Autobiography
File Size : 45.1 MB
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An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.
Category: Biography & Autobiography

Drawing The Lines

Author : Nicholas R. Seabrook
ISBN : 9781501707780
Genre : History
File Size : 46.94 MB
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Radical redistricting plans, such as that pushed through by Texas governor Rick Perry in 2003, are frequently used for partisan purposes. Perry's plan sent twenty-one Republicans (and only eleven Democrats) to Congress in the 2004 elections. Such heavy-handed tactics strike many as contrary to basic democratic principles. In Drawing the Lines, Nicholas R. Seabrook uses a combination of political science methods and legal studies insights to investigate the effects of redistricting on U.S. House elections. He concludes that partisan gerrymandering poses far less of a threat to democratic accountability than conventional wisdom would suggest. Building on a large data set of the demographics of redrawn districts and subsequent congressional elections, Seabrook looks less at the who and how of gerrymandering and considers more closely the practical effects of partisan redistricting plans. He finds that the redrawing of districts often results in no detrimental effect for district-level competition. Short-term benefits in terms of capturing seats are sometimes achieved but long-term results are uncertain. By focusing on the end results rather than on the motivations of political actors, Seabrook seeks to recast the political debate about the importance of partisanship. He supports institutionalizing metrics for competitiveness that would prove more threatening to all incumbents no matter their party affiliation.
Category: History

American Justice 2014

Author : Garrett Epps
ISBN : 9780812291308
Genre : Law
File Size : 86.76 MB
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In this provocative and insightful book, constitutional scholar and journalist Garrett Epps reviews the key decisions of the 2013-2014 Supreme Court term through the words of the nation's nine most powerful legal authorities. Epps succinctly outlines one opinion or dissent from each of the justices during the recent term, using it to illuminate the political and ideological views that prevail on the Court. The result is a highly readable summary of the term's most controversial cases as well as a probing investigation of the issues and personalities that shape the Court's decisions. Accompanied by a concise overview of Supreme Court procedure and brief case summaries, American Justice 2014 is an engaging and instructive read for seasoned Court-watchers as well as legal novices eager for an introduction to the least-understood branch of government. This revealing portrait of a year in legal action dramatizes the ways that the Court has come to reflect and encourage the polarization that increasingly defines American politics.
Category: Law