The Voting Rights Act's secret weapon: pocket trigger litigation and dynamic preclearance.: An article from: Yale Law Journal
Book Details
Author(s)Travis Crum
PublisherYale University, School of Law
ISBN / ASINB003WJ4LQ0
ISBN-13978B003WJ4LQ7
AvailabilityAvailable for download now
MarketplaceUnited States 🇺🇸
Description
This digital document is an article from Yale Law Journal, published by Yale University, School of Law on June 1, 2010. The length of the article is 21061 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.
From the author: This Note makes a two-part argument. First, the pocket trigger should be used to alleviate the NAMUDNO Court's anxiety over the coverage formula's differential treatment of the states. The Justice Department and civil rights groups should build off of the handful of successful bail-ins and redefine the preclearance regime through litigation. Second, the pocket trigger provides a model for a revised VRA. The pocket trigger is more likely to survive the congruence and proportionality test because it replaces an outdated coverage formula with a perfectly tailored coverage mechanism-a constitutional trigger. It also sidesteps the political difficulties in designing a new coverage formula. The pocket trigger has the potential to create dynamic preclearance: a flexible coverage regime that utilizes targeted preclearance and sunset dates. This Note concludes by proposing possible amendments to the pocket trigger, such as adding an effects test or delineating certain violations that automatically trigger preclearance.
Citation Details
Title: The Voting Rights Act's secret weapon: pocket trigger litigation and dynamic preclearance.
Author: Travis Crum
Publication:Yale Law Journal (Magazine/Journal)
Date: June 1, 2010
Publisher: Yale University, School of Law
Volume: 119 Issue: 8 Page: 1992(47)
Distributed by Gale, a part of Cengage Learning
From the author: This Note makes a two-part argument. First, the pocket trigger should be used to alleviate the NAMUDNO Court's anxiety over the coverage formula's differential treatment of the states. The Justice Department and civil rights groups should build off of the handful of successful bail-ins and redefine the preclearance regime through litigation. Second, the pocket trigger provides a model for a revised VRA. The pocket trigger is more likely to survive the congruence and proportionality test because it replaces an outdated coverage formula with a perfectly tailored coverage mechanism-a constitutional trigger. It also sidesteps the political difficulties in designing a new coverage formula. The pocket trigger has the potential to create dynamic preclearance: a flexible coverage regime that utilizes targeted preclearance and sunset dates. This Note concludes by proposing possible amendments to the pocket trigger, such as adding an effects test or delineating certain violations that automatically trigger preclearance.
Citation Details
Title: The Voting Rights Act's secret weapon: pocket trigger litigation and dynamic preclearance.
Author: Travis Crum
Publication:Yale Law Journal (Magazine/Journal)
Date: June 1, 2010
Publisher: Yale University, School of Law
Volume: 119 Issue: 8 Page: 1992(47)
Distributed by Gale, a part of Cengage Learning
