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Resolving the Dilemma of Minority Representation

Grant M. Hayden
Hofstra University - School of Law



California Law Review, Vol. 92, December 2004

Abstract:     
This article proposes that recent work in philosophy on the issue of interpersonal utility comparisons may be used to help resolve a significant problem in minority representation. The creation of majority-minority districts has had the unintended consequence of forcing minority voting rights advocates to choose between increasing the number of minority officeholders and increasing the number of Democrats. This dilemma is, in part, due to the strict application of the one person, one vote standard. But work on the issue of interpersonal utility comparisons tells us that the one person, one vote standard is not the objective standard it purports to be; instead, it involves fairly straightforward normative judgments. The article, therefore, argues for relaxing the strict application of the one person, one vote standard in the context of minority vote dilution claims, which would allow us to numerically concentrate minority voting power through the creation of smaller majority-minority districts.

Keywords: voting rights, majority-minority districts, one person one vote, minority vote dilution

Accepted Paper Series

Date posted: September 14, 2004 ; Last revised: September 28, 2004

Suggested Citation

Hayden, Grant M., Resolving the Dilemma of Minority Representation. California Law Review, Vol. 92, December 2004. Available at SSRN: http://ssrn.com/abstract=590706


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Grant M. Hayden (Contact Author)
Hofstra University - School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States

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