The Yale Law Journal

Nathaniel Persily

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The Constitutional Relevance of Alleged Legislative Dysfunction

Nathaniel Persily

The role of an election law scholar these days is much like that of an anthropologist specializing in the study of human sacrifice. At a certain point, some of us in the field suppress natural human impulses of disgust and revulsion and replace them with fascination and curiosity. How else does one …

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The Promise and Pitfalls of the New Voting Rights Act (VRA)

Nathaniel Persily

The story of the 2006 reauthorization of the Voting Rights Act (VRA) is one that should interest scholars of legislation and constitutional law, as well as the expected and ever-burgeoning audience of election law enthusiasts. The Promise and Pitfalls of the New Voting Rights Act attempts to tell th…

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The Promise and Pitfalls of the New Voting Rights Act

Nathaniel Persily

117 Yale L.J. 174 (2007).

In the summer of 2006, Congress reauthorized the expiring provisions of the Voting Rights Act (VRA) with a unanimous vote in the Senate and with limited opposition in the House of Representatives. The veneer of bipartisanship that outsiders perceived in the final vote glos…