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Acknowledgments
Introduction
What’s Wrong with Wisconsin?
Alignment
Legal Status
Applications
Judicial Obstacles
Aligning Alternatives
Plan of the Book
1 The Rights-Structure Debate
Introduction
The Judicial Method
Academic Balancers
Academic Structuralists
A Stagnant Debate
The Missing Structural Value
2 The Concept of Alignment
Introduction
The Axes of Alignment
Issues and Ideologies
Dynamic Alignment
Defining the Dêmos
Aligning Mechanisms
Democratic Theory
Popular Preferences
Alignment’s Domain
3 Misaligned America
Introduction
Policy Alignment
Representational Alignment
Partisan Alignment
4 The Law of Alignment
Introduction
Text and Intent
Precedent
State Constitutional Law
Doctrinal Implementation
5 Voting
Introduction
Applicability of Alignment
Identifying the Benchmark
Null Results
Moving the Needle
6 Political Parties
Introduction
Intraparty Alignment
Primary Type
Ballot Access
Electoral System
7 Redistricting
Introduction
District Plans
Political Geography
Litigation Alternatives
Individual Districts
8 The Voting Rights Act
Introduction
The VRA’s Values
A Tragic Choice?
Complements
9 Campaign Finance
Introduction
Politicians, Not Voters
Conceptual Distinctiveness
Campaign Funders
Curbs on Campaign Funders
Other Regulations
10 Nonelectoral Domains
Introduction
Applicability
Lawmaking Process
Media Coverage
Labor Law
Economic Inequality
11 The Anti-Alignment Court
Introduction
Taxonomy
Passive Anti-Alignment Rulings
Active Anti-Alignment Rulings
The (Almost) Empty Sets
12 Aligning Alternatives
Introduction
Horizontal Federal Authority
Vertical Federal Authority
Federal Policies
State Policies
Private Actions
Conclusion
Wisconsin Revisited
Reprise
American Microcosm
Index

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Aligning election law 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
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출판사 책소개

알라딘제공
Alignment between governmental outputs and popular preferences is a core democratic value. For the people genuinely to rule, their government should heed their wishes. Yet alignment is not appreciated by election law scholarship, much of which focuses on other democratic goals. Nor do the courts consider alignment when deciding election law cases. Aligning Election Law fills this gap, providing a new theoretical perspective on election law and showing how alignment theory would operate in practice, in both litigation and legislation.

Nicholas O. Stephanopoulos examines alignment from a variety of angles, including its democratic value, its place in legal doctrine, its rarity in modern American politics, and its application to particular election law topics. The book also engages with issues facing American constitutional law and society, including voting restrictions, political parties, partisan gerrymandering, minority representation, and campaign finance, and how alignment theory would tackle these. The book's orientation is normative, suggesting how judicial (and nonjudicial) institutions should approach electoral regulations, not how they have addressed them in the past.

By thoroughly canvassing the democratic theory, empirical political science, and election law literatures, the book argues that alignment should be a tenet of the law of democracy. Accordingly, Aligning Election Law will be valuable not just to scholars, students, and practitioners of election law, but to anyone wishing to understand how the law of democracy could better achieve the values of democracy.

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