Abstract

http://ssrn.com/abstract=2187319
 
 

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Sword, Shield, and Compass: The Uses and Misuses of Racially Polarized Voting Studies in Voting Rights Enforcement


Kareem U. Crayton


University of North Carolina (UNC) at Chapel Hill - School of Law

2012

Rutgers Law Review, Vol. 64, 2012
UNC Legal Studies Research Paper No. 2187319

Abstract:     
This article addresses the multiple functions of racially polarized voting (RPV) studies, an essential element of voting rights enforcement. This type of social science analysis figures into the doctrine of voting rights in several ways, but not all of its different roles have been fully appreciated or utilized by scholars, policymakers, or the courts. In fact, several recent illustrations show that this information has been misused. By developing the three distinct functions for RPV, this article demonstrates that only its traditional function as affirmative evidence of racial discrimination has been fully advanced in the discourse. By comparison, the "shield" and "compass" uses of RPV (which, respectively, refer to a preemptive review of a jurisdiction's exposure to legal claims of vote dilution and the assessment of changes in the geographic scope and depth of racially-biased voting patterns) demand greater attention. The article concludes by offering several practical recommendations for actors to improve efforts to utilize these two other functions of RPV.

Number of Pages in PDF File: 46

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Date posted: December 15, 2012  

Suggested Citation

Crayton, Kareem U., Sword, Shield, and Compass: The Uses and Misuses of Racially Polarized Voting Studies in Voting Rights Enforcement (2012). Rutgers Law Review, Vol. 64, 2012; UNC Legal Studies Research Paper No. 2187319. Available at SSRN: http://ssrn.com/abstract=2187319

Contact Information

Kareem U. Crayton (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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