Affirmative Action and Representation: Shaw v. Reno and the Future of Voting Rights

Affirmative Action and Representation: Shaw v. Reno and the Future of Voting Rights

by Anthony A. Peacock
     
 

The Supreme Court's 1993 decision, Shaw v. Reno, was a bellwether in equal protection litigation, marking a significant turn away from earlier voting rights jurisprudence. Did Shaw, and subsequent Supreme Court cases reaffirming its holding, signal the end to affirmative action in redistricting, the beginning of a wholesale re-examination of the Voting Rights Act of… See more details below

Overview

The Supreme Court's 1993 decision, Shaw v. Reno, was a bellwether in equal protection litigation, marking a significant turn away from earlier voting rights jurisprudence. Did Shaw, and subsequent Supreme Court cases reaffirming its holding, signal the end to affirmative action in redistricting, the beginning of a wholesale re-examination of the Voting Rights Act of 1965? The essays in this collection address this question, and related issues, with a view to assessing the implications of the Supreme Court's 1990s voting rights law. Balancing contributions from advocates and critics of affirmative action in voting rights, the book focuses on three issues that have emerged as determinative in 1990s voting rights litigation: (1) the significance of Shaw and post-Shaw jurisprudence; (2) alternative models of representation that have become increasingly important as the Supreme Court has intensified its scrutiny of race-conscious districting; and (3) the applicability of the Voting Rights Act to judicial elections, an issue left unaffected by Shaw. A postscript examining the Supreme Court's 1996 decisions, Bush v. Vera and Shaw v. Hunt, is also provided.

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Product Details

ISBN-13:
9780890898840
Publisher:
Carolina Academic Press
Publication date:
01/28/1997
Edition description:
New Edition
Pages:
416
Product dimensions:
6.00(w) x 9.00(h) x (d)

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Table of Contents

Acknowledgments
Notes on Contributors
1Voting Rights, Representations, and the Problem of Equality5
2The Price of Unclear Precedents: Shaw v. Reno and the Evolution of Voting Rights Jurisprudence25
3Shaw v. Reno: The Shape of Things to Come43
4More Notes from a Political Thicket97
5Shaw v. Reno and the Voting Rights Conundrum: Equality, The Public Interest, and the Politics of Representation127
6The Supreme Court, The Voting Rights Act, and Minority Representation173
7The Redistricting Morass201
8Groups, Representation, and Race-Conscious Districting: A Case of the Emperor's Clothes223
9One Person, Seven Votes: The Cumulative Voting Experience in Chilton Country, Alabama285
10Applying the Voting Rights Act to Judicial Elections: The Supreme Court's Misconstruction of Section 2 and Misconception of the Judicial Role317
11Equal Justice: Applying the Voting Rights Act to Judicial Elections343
12The Supreme Court and the Future of Voting Rights407
Table of Cases411
Index413

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