"With Tea Party in Mind, Republicans Have Change
of Heart About Earmarks"
The NY Times offers this
report. NBC's First Read is skeptical,
as am I.
Posted by Rick Hasen at
08:30
AM
"Rangel Inquiry Finds Evidence Beyond Dispute"
The NY Times offers this
report.
Posted by Rick Hasen at
08:23
AM
"U.S. District Court Judge Won't Rule Against
California Residency Requirement for Circulators, Because State
Says it Doesn't Enforce that Law "
Richard Winger reports
on this
ruling, which followed Secretary of State Bowen's
declaration that the Secretary will not enforce California
provisions requiring petition circulators of nominating
petitions to be residents of the district or subdivision in
which the candidate on the petition is seeking office. Here, a
loss on standing is as good as a win.
Posted by Rick Hasen at
09:04
PM
" Editorial: The case for a lower recount
threshold"
The Star-Tribune offers this
editorial.
Posted by Rick Hasen at
08:26
PM
Sen. McConnell Defends Earmarks Even as He
Announces His Opposition to their Use
A very interesting
speech.
Posted by Rick Hasen at
08:12
PM
"Murkowski passes Miller in vote count"
ADN:
"If that trend continues, Murkowski could win the race outright
no matter what happens with Miller's lawsuit asking for
misspelled ballots to be thrown out."
Posted by Rick Hasen at
08:09
PM
"Too Close to Call: Update on Deadlocked Races"
Hotline on Call brings
us up to date.
Posted by Rick Hasen at
08:05
PM
"Judicial Elections as Popular
Constitutionalism"
David Pozen has posted this
draft on SSRN (forthcoming, Columbia Law Review).
Here is the abstract:
One of the most important recent developments in American legal
theory is the burgeoning interest in "popular
constitutionalism." One of the most important features of the
American legal system is the selection of state judges -- judges
who resolve thousands of state and federal constitutional
questions each year -- by popular election. Although a large
literature addresses each of these subjects, scholarship has
rarely bridged the two. Hardly anyone has evaluated judicial
elections in light of popular constitutionalism, or vice versa.
This Article undertakes that thought experiment. Conceptualizing
judicial elections as instruments of popular constitutionalism,
the Article aims to show, can enrich our understanding of both.
The normative theory of popular constitutionalism can ground a
powerful new set of arguments for and against electing judges,
while an investigation into the states' experience with elective
judiciaries can help clarify a number of lacunae in the theory,
as well as a number of ways in which its logic may prove
self-undermining. The thought experiment may also be of broader
interest. In elaborating the linkages between judicial elections
and popular constitutionalism, the Article aims to shed light
more generally on some underexplored connections (and tensions)
among theories and practices of constitutional construction,
democratic representation, jurisprudence, and the state courts.
Posted by Rick Hasen at
08:01
PM
"AG's Race Gets Nasty as Harris, Cooley Spar
Over L.A. Vote Counting"
Ugly.
MORE
at the Bay Citizen.
Posted by Rick Hasen at
02:34
PM
"McConnell Reverses Position on Earmarks"
The Washington Post reports.
Posted by Rick Hasen at
02:05
PM
New Bopp Lawsuit Raising Counterclaim in Kings
Street Patriots Case
See here.
More filings here.
See also this
press release.
Posted by Rick Hasen at
02:02
PM