August 29, 2022

Rebuilding Democracy and the Rule of Law in LC Law Review

The most recent issue of the Lewis & Clark Law Review features papers written by prominent legal scholars on “Rebuilding Democracy and the Rule of Law.”

Lewis & Clark Law Review (LCLR) has published six articles that were originally prepared for the Association of American Law Schools (AALS) Conference on “Rebuilding Democracy and the Rule of Law.” The articles, written by prominent scholars, analyze how U.S. democracy has eroded over the past years, and present novel solutions for change.

The issue begins with a powerful foreword written by constitutional scholar and Dean of the UC Berkeley School of Law, Erwin Chemerinsky. Dean Chemerinsky writes:

“Reading the articles in this issue of the Lewis & Clark Law Review is both sobering and inspiring. These authors pull no punches in exposing the significant flaws in the American political and electoral system. Their indictments are searing and reinforce a sense of how much our democracy is in danger. But they are encouraging because they remind us that the problems are not hopeless. There are solutions that can make a real difference if only we can act to implement them. This is legal scholarship at its very best and most important.”

Articles in the issue cover a range of topics, from experimentation with voting systems to the re-enfranchisement of the formerly incarcerated. Victoria Bejarano Muirhead ’22, Editor in Chief for the 2021-22 academic year, says, “This was a very meaningful final issue for me and the outgoing LCLR staff members to work on. Special thanks is due to Professor Mike Vitiello at the McGeorge School of Law for bringing this opportunity to the law review’s attention and for contributing to the issue, as well as to Submissions Editor Aime Lee Ohlmann ’22 for reviewing the conference papers and bringing all the authors on board.”

A list of the articles and authors is below:

Making Appointment the Means of Presidential Removal of Officers of the United States by David M. Driesen

Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism by Edward B. Foley

Undue Deference to States in the 2020 Election Litigation by Joshua A. Douglas

Presidential Election Reform: A Current National Imperative by Mark Bohnhorst, Reed Hundt, Kate E. Morrow & Aviam Soifer

Trump’s Legacy: The Long-Term Risks to American Democracy by Michael Vitiello

Criminal Disenfranchisement in State Constitutions: A Marker of Exclusion, Punitiveness, and Fragile Citizenship by Nora V. Demleitner

As is customary, the issue also includes a “Notes and Comments” section featuring three pieces written by students and LCLR staff members. A note written by Ivy Rose-Kramer ’22 advocates for greater legal protections for youths accused of crime, and was shared with the Oregon State Legislature. A list of the student pieces in this issue is below:

Cancelled: Morality Clauses in an Influencer Era by Annamarie White Carty ’22

Protecting the Sublette Antelope Migration: An Analysis of the Evolution of the Legal Tools Employed to Protect the Sublette Antelope Herd from Fencing Obstructions by Colin Reynolds ’22

One Step Further for Protection: Why Oregon Should Adopt Additional Requirements for the Appointment of Counsel to Youths Accused of Crime by Ivy-Rose Kramer ’22

Publication and production efforts for Volume 26, Issue 2 were led by the Lewis & Clark Law Review Managing Board, including Editor in Chief Victoria Bejarano Muirhead ’22, Managing Editor Annamarie White Carty ’22, and Executive Editors Becca Tucker ’22 and Sadie Wolff ’22.