Subject: Electionlawblog news and commentary 4/14/06 |
From: Rick Hasen |
Date: 4/14/2006, 8:13 AM |
To: election-law |
Richard Morin writes Whites
Take Flight on Election Day for the Washington Post. It
begins: "Bad news for Michael S. Steele, the leading Maryland
Republican candidate for Senate in November: The scuttling noise he
hears on Election Day could be the sound of tens of thousands of white
Republicans crossing over to vote for the Democrat." Thanks to David
Becker for the pointer.
Stephen J. Zralek has this
cover story in the Tenn. Bar Journal.
The Oregonian offers this
report. Thanks to Greg Howe for the pointer.
Richard Briffault has posted this draft on SSRN
(forthcoming Journal of Law and Politics). Here is the abstract:
Local political innovations also test the scope of local legal
authority under home rule. Local innovation may be challenged as either
unauthorized by state law or, more commonly, as inconsistent with and
thus preempted by state laws governing local structure and elections.
This paper examines local political innovations, their reception
in state courts and the implications for home rule and political reform
more generally. It finds that to a considerable degree state courts
have upheld local innovations either by recognizing the dominant local
interest in questions of local government structure or by determining
that state laws do not preclude local departures from state-prescribed
models. These political innovation cases suggest techniques that may be
used to expand local legal autonomy.
More generally, local political innovations show localities - as well as, if not more than, states - can be laboratories of democracy. A significant benefit of local freedom to innovate under home rule can be the local introduction and testing of political reforms than can national benefits.
-- Rick Hasen William H. Hannon Distinguished Professor of Law Loyola Law School 919 Albany Street Los Angeles, CA 90015-1211 (213)736-1466 (213)380-3769 - fax rick.hasen@lls.edu http://www.lls.edu/academics/faculty/hasen.html http://electionlawblog.org