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Article
The Appearance of Election Law
Journal Articles
  • John Nagle, Notre Dame Law School
Document Type
Article
Publication Date
1-1-2004
Disciplines
Publication Information
31 J. Legis. 37 (2004-2005)
Abstract

The recent attention to election law implies that questions of reapportionment, voting rights, campaign finance, and the counting of votes belong to the same category of legal questions. In each instance, the evolving Supreme Court jurisprudence emphasizes appearances. The appearance of legislative districts, the appearance of corruption, and the appearance of partisanship are just some of the distinct ways in which the Court has concluded that appearance matter. As with other appearances, what looks to some observers like a gerrymandered district or a corrupting contribution is seen by others as a legitimate apportionment or an innocent expression of political support. This essay encourages greater attention to what is at issue in these cases so that we can learn what election law is really all about. Appearance, election law, repportionment, campaign finance, equality

Citation Information
John Nagle. "The Appearance of Election Law" (2004)
Available at: http://works.bepress.com/john_nagle/58/