Sword, Shield, and Compass: The Uses and Misuses of Racially Polarized Voting Studies in Voting Rights Enforcement
Kareem U. Crayton
affiliation not provided to SSRN
Rutgers Law Review, Vol. 64, 2012
UNC Legal Studies Research Paper No. 2187319
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
Date posted: December 15, 2012