Copyright (c) 2009 All rights reserved. http://works.bepress.com/david_schultz Recent documents in David A Schultz en-us Mon, 05 Oct 2009 02:26:38 PDT 3600 http://works.bepress.com/david_schultz/12 http://works.bepress.com/david_schultz/12 Mon, 28 Sep 2009 02:01:38 PDT The adoption of the Twenty-Fourth Amendment banning poll taxes in federal elections was intended to protect franchise rights and increase voter turnout. However, since its adoption and initial use in Harman v. Forssenius, it has yet to be successfully invoked to invalidate any practice, most recently voter photo IDs. This article seeks to resurrect the Twenty-Fourth Amendment and to make the case for a broader interpretation of it. Specifically, the Article seeks to disconnect the poll tax from a narrow reading of its legacy during the Jim Crow era when its primary purpose was to disenfranchise African-Americans. Instead, the poll tax should be understood in terms of its broader historical purpose, to limit voting to propertied freeholders in order to ensure that only those who had sufficient wealth or income had a voice in elections. The broader purpose of the Twenty-Fourth Amendment thus should be read as a rejection of this linkage between wealth and voting, and a severing of the assumption that property or income is a perquisite to having a political voice. David A. Schultz Constitutional Law Law and Society Politics Public Law and Legal Theory http://works.bepress.com/david_schultz/11 http://works.bepress.com/david_schultz/11 Sat, 11 Oct 2008 06:30:54 PDT Post 9-11 concerns in the United States, among the European Union (EU) members, and other western democracies regarding international terrorism forced convergence of the traditionally distinct policy areas of domestic criminal justice and national security. This convergence has produced several policy and institutional conflicts that pit individual rights against homeland security, domestic law and institutions against international norms and tribunals, and criminal justice agencies against national security organizations. This Article examines regime responses to international terrorism, principally in the United States, in comparison to the European Union, seeking to describe the consequences of the merger of criminal justice norms with national security imperatives. The claim will be that the collapse of criminal justice into national security norms has manifested numerous contradictions that pose perhaps even more significant challenges to Western European and North American style democracies than does international terrorism. The conclusion is that while recognizing that 9-11 was a tragedy, the response to these events has been even more tragic, especially in light of threats to individual and civil rights, international law, and democratic processes in general. The convergence of national security or intelligence gathering with criminal justice in the name of homeland security and the war on terror has resulted in a war on civil liberties that has under minded responses to terrorism and threatened democracy and individual rights. David A. Schultz Constitutional Law Civil Liberties http://works.bepress.com/david_schultz/10 http://works.bepress.com/david_schultz/10 Sat, 11 Oct 2008 06:23:33 PDT David A. Schultz Constitutional Law Politics Public Law and Legal Theory http://works.bepress.com/david_schultz/9 http://works.bepress.com/david_schultz/9 Sat, 11 Oct 2008 06:11:00 PDT David A. Schultz Constitutional Law Politics http://works.bepress.com/david_schultz/8 http://works.bepress.com/david_schultz/8 Sat, 11 Oct 2008 06:01:22 PDT David A. Schultz Constitutional Law Law and Society Politics Election law and voting Legislation http://works.bepress.com/david_schultz/7 http://works.bepress.com/david_schultz/7 Sat, 12 Apr 2008 12:41:19 PDT Analysis and predictions on the jurisprudential direction of the Roberts Court have thus far produced articles examining its possible impact on several areas of law, but so far none have assessed the Court's treatment of environmental issues in a comprehensive fashion, even though it has decided seven cases in this area in the 2005 and 2006 terms. This Article reviews these seven decisions, concluding that based on them there is no discernable pro-business bias thus far as some had predicted. However, the Court is very divided ideologically on environmental issues, suggesting that the next presidential appointment could have a major impact on how it decides future cases. David A. Schultz Environmental Law http://works.bepress.com/david_schultz/5 http://works.bepress.com/david_schultz/5 Sun, 30 Sep 2007 08:13:52 PDT This article examines the issue of voter fraud and efforts to regulate it through new photo identification requirements. The overall thesis is that voting fraud is a pretext for a broader agenda to disenfranchise Americans and rig elections. However, the more specific focus of this article is both to examine the evidence of fraud and the litigation around voter IDs thus far, and what supporters of voting rights can learn from both as they move forward and challenge these laws in the future. The Article will argue that the evidence being offered for the photo IDs does not justify the restrictions being imposed. In addition, the Article argues that the courts have generally gotten it wrong when it comes to adjudicating the photo ID claims. Specifically, the Article takes aim at the apparent test articulated in Burdick v. Takushi that seems to justify treating franchise as less than a fundamental right, thereby permitting the adoption of some regulations that adversely impact voting rights. Courts, this article will contend, have generally misapplied the test. Second, it will be argued, the test itself is incoherent and unworkable. David A. Schultz Constitutional Law Law and Society Politics Public Law and Legal Theory Election law and voting http://works.bepress.com/david_schultz/4 http://works.bepress.com/david_schultz/4 Sat, 14 Jul 2007 07:33:08 PDT This article examines the use of eminent domain in light of the Kelo v. City of New London Supreme Court decision. After a review of state takings litigation the conclusion is that the courts can and still do find that private takings can occur but that the judiciary is able to protect against them. David A. Schultz Constitutional Law Eminent Domain http://works.bepress.com/david_schultz/3 http://works.bepress.com/david_schultz/3 Tue, 10 Jul 2007 04:55:13 PDT The winner-take-all method of allocating electoral votes in presidential races is the norm among states, yet nowhere in the Constitution is this practice mandated. This article contends that the winner-take-all allocation of electors unconstitutionally magnifies the battleground states' influence on the final Electoral College tally and that these inequities cannot be reconciled with the principle of one-person, one-vote that the US Supreme Court articulated in the landmark Reynolds v. Sims. In 1966 the Supreme Court declined to hear a case contesting the constitutionality of the winner-take-all system based on the one person, one vote, principle. It is time for the Court to reconsider this issue, otherwise the Electoral College results from the 2008 election can be expected to bring a fresh set of inequities, at further cost to one-person, one-vote. David A. Schultz Constitutional Law Law and Society Politics Public Law and Legal Theory Electoral College