Abstract

http://ssrn.com/abstract=1029386
 
 

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Documenting Discrimination in Voting: Judicial Findings Under Section 2 of the Voting Rights Act Since 1982


Ellen D. Katz


University of Michigan Law School

Margaret Aisenbrey


University of Michigan at Ann Arbor

Anna Baldwin


Independent

Emma Cheuse


affiliation not provided to SSRN

Anna Weisbrodt


affiliation not provided to SSRN


University of Michigan Journal of Law Reform, Vol. 39, No. 4, 2006

Abstract:     
This paper examines 331 lawsuits, encompassing 763 decisions, that addressed claims under Section 2 of the Voting Rights Act since 1982. It finds that plaintiffs succeeded in 37% of these lawsuits, and that they were more likely to prevail in regions subject to the temporary provisions of the VRA (known as Section 5 or pre-clearance) than elsewhere. This study also documents the types of electoral practices challenged in Section 2 cases, and the extent to which courts hearing these cases documented any of the factors listed as probative in the Senate Report accompanying the 1982 amendments to Section 2 and those described by the Supreme Court in Thornburg v. Gingles.

Number of Pages in PDF File: 130

Keywords: Voting Rights Act, minority voting rights, Election Law

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Date posted: November 13, 2007  

Suggested Citation

Katz, Ellen D. and Aisenbrey, Margaret and Baldwin, Anna and Cheuse, Emma and Weisbrodt, Anna, Documenting Discrimination in Voting: Judicial Findings Under Section 2 of the Voting Rights Act Since 1982. University of Michigan Journal of Law Reform, Vol. 39, No. 4, 2006. Available at SSRN: http://ssrn.com/abstract=1029386

Contact Information

Ellen Katz (Contact Author)
University of Michigan Law School ( email )
625 South State Street
LR 960
Ann Arbor, MI 48109-1215
United States
734-647-6241 (Phone)
Margaret Aisenbrey
University of Michigan at Ann Arbor ( email )
Anna Baldwin
Independent ( email )
No Address Available
Emma Cheuse
affiliation not provided to SSRN ( email )
No Address Available
Anna Weisbrodt
affiliation not provided to SSRN ( email )
No Address Available
Feedback to SSRN


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