The University of Chicago Law School Record

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In a talk at the Legal Club of Chicago, Dean Neal discusses the role of the court in reapportioning state legislatures, examining in particular the recent opinion Baker v. Carr. Though concerned about whether and what role the courts should play in such political dealings, Dean Neal expresses a greater concern for the possibility of a failure of democracy in reapportionment. Despite not having a body of law to rely upon and no practical remedy, the need to counter the power of an entrenched legislature may outweigh those costs. Baker v. Carr brought the issue of judicial intervention into state repportionment to the forefront, leaving courts to decide their proper role, a role that may differ by state and by circumstance.


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