J. Nelson

Publications11
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Citations8
Highly Influential Citations1
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The Causal Context of Disparate Vote Denial
For nearly 50 years, the Voting Rights Act of 1965 and its amendments have remedied racial discrimination in the electoral process with unparalleled muscularity. However, modern vote denial practices… Expand
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White Challengers, Black Majorities: Reconciling Competition in Majority-Minority Districts with the Promise of the Voting Rights Act
Among the many strengths of the Voting Rights Act of 1965 is its uncompromising confrontation of inequality in election processes arising from either intentional or de facto discrimination. Its… Expand
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Symposium Foreword – Making History: Race, Gender, and the Media in the 2008 Elections
The 2008 elections abound with historic milestones. Never before has a Black candidate been elected to lead a non-Black majority nation. Even before Obama’s presidential victory, however, history was… Expand
Fair Measure of the Right to Vote: A Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy
Fair measure of a constitutional norm requires that we consider whether the scope of the norm can be broader than its enforcement. This query is usually answered in one of two ways: some… Expand
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Counting Change: Ensuring an Inclusive Census for Communities of Color
The constitutionally-mandated decennial enumeration of the U.S. population is indispensable to the equitable distribution of political and economic resources. As we approach the 2020 Census, however,… Expand
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The First Amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal… Expand
Defining Race: The Obama Phenomenon and the Voting Rights Act
These published remarks discuss the conflicting implications of President Obama’s electoral success by focusing on the growing number of electoral successes of African-American candidates in at-large… Expand
Arc of Injustice: Pre- and Post-Decision Thoughts on Shelby County v. Holder
Challenges to the Voting Rights Act’s constitutionality are not new. Beginning with South Carolina v. Katzenbach1 in 1966, the year following its enactment, the Voting Rights Act has been subject to… Expand
Election 2020: The Challenge, The Law, and the Path Ahead
Dueling Canons
This Article offers the first targeted study of the Supreme Court’s use of canons and other tools of statutory interpretation in a “dueling” manner—that is, in both the majority and dissenting… Expand