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Election Litigation: Election Law Bibliography
OTHER ELECTION LAW WEBSITES
- Election Law at The Ohio State University Moritz College of Law: Extensive collection of election law cases in both state and federal courts.
- Election Law Blog: Comprehensive coverage of current election litigation by University of California at Irvine Law Professor Rick Hasen.
RECENT ELECTIONS REPORTS
- American Law Institute, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes (2019).
- Bipartisan Policy Center, Accessing the Vote During a Pandemic (May 2020).
- UCI Law Ad Hoc Committee for 2020 Election Fairness and Legitimacy, Fair Elections During a Crisis (April 2020).
2017 NINTH CIRCUIT JUDICIAL CONFERENCE
- Hon. Michael H. Simon, Ann. M. Ravel, Bradley A. Smith & Richard Hasen, Public Confidence in the Election Process, July 18, 2017. Legal challenges involving political campaigns or elections present some of the most difficult, high-profile, and time-sensitive matters to come before federal courts. They also may test the bounds of judicial independence and the appearance of impartiality.
PROFESSOR RICHARD HASEN
Chancellor’s Professor of Law and Political Science, University of California at Irvine
- Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale University Press 2020).
- Election Law: Cases and Materials (Carolina Academic Press 6th ed. 2017) (co-authored with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas Stephanopoulos).
- Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections (Yale University Press 2016).
- The Voting Wars: From Florida 2000 to the Next Election Meltdown (Yale University Press 2012).
- The Supreme Court and Election Law (New York University Press 2003).
- Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them, 19 Election Law Journal ___ (2020).
- Reining in the Purcell Principle, 43 Florida State University Law Review 427 (2016).
- When Is Uniformity of People, Not Counties, Appropriate in Election Administration? The Cases of Early and Sunday Voting, 2015 University of Chicago Legal Forum 193.
- The Democracy Canon, 62 Stanford Law Review 69 (2009).
- When “Legislature” May Mean More than “Legislature”: Initiated Electoral College Reform and the Ghost of Bush v. Gore, 35 Hastings Constitutional Law Quarterly 599 (2008).
- The Untimely Death of Bush v. Gore, 60 Stanford Law Review 1 (2007).
PROFESSOR EDWARD FOLEY
Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law, Ohio State University Moritz College of Law
- Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College (Oxford University Press 2020).
- Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press 2016).
- Due Process, Fair Play, and Excessive Partisanship: A New Principle of Judicial Review of Election Law, 84 University of Chicago Law Review 655 (2017).
- How Fair Can Be Faster: The Lessons of Coleman v. Franken, 10 Election Law Journal 187 (2011).
- The Future of Bush v. Gore?, 68 Ohio State Law Journal 925 (2007).
- The Promise and Problems of Provisional Voting, 73 George Washington Law Review 1193 (2005).
PROFESSOR DANIEL TOKAJI
Associate Dean for Faculty and Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, Ohio State University Moritz College of Law
- Election Law in a Nutshell (West 2d ed. 2017).
- HAVA in Court: A Summary and Analysis of Litigation, 12 Election Law Journal 203 (2013).
- Public Rights and Private Rights of Action: The Enforcement of Federal Election Laws, 44 Indiana Law Review 113 (2010).
- The Justiciability of Eligibility: May Courts Decide Who Can Be President?, 107 Michigan Law Review First Impressions 31 (2008).
- Voter Registration and Election Reform, 17 William and Mary Bill of Rights Journal 453 (2008).
- Absentee Voting for People with Disabilities, 38 McGeorge Law Review 1015 (2007) (co-authored with Ruth Colker).
- Leave It to the Lower Courts: On Judicial Intervention in Election Intervention, 68 Ohio State Law Journal 1065 (2007).
- Early Returns on Election Reform: Discretion, Disenfranchisement, and the Help America Vote Act, 73 George Washington Law Review 1206 (2005).
PROFESSOR HEATHER GERKEN
Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
- The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009).
- The Party's Over: McCutcheon, Shadow Parties, and the Future of the Party System, 2015 Supreme Court Review (co-authored with Joseph Fishkin).
- The Right to Vote: Is the Amendment Game Worth the Candle?, 23 William & Mary Bill of Rights Journal 11 (2014).
- Keynote Address, What Election Law Has to Say to Constitutional Law, 44 Indiana Law Review 7 (2010).
- The Invisible Election: Making Policy in a World Without Data, Dean’s Lecture, 35 Ohio Northern University Law Review 1013 (2009).
- Getting from Here to There in Election Reform, 34 Oklahoma City University Law Review 33 (2009).
- Conclusion—The (Winding) Road Ahead, in Data for Democracy: Improving Elections Through Metrics and Measurement 43 (Pew Center on the States 2008).
PROFESSOR JUSTIN LEVITT
Associate Dean for Research and Professor of Law, Loyola Law School, Los Angeles
- Resolving Election Error: The Dynamic Assessment of Materiality, 54 William & Mary Law Review 83 (2012).
- Long Lines at the Courthouse: Pre-Election Litigation of Election Day Burdens, 9 Election Law Journal 19 (2010).
- Seeing Double Voting: An Extension of the Birthday Problem, 7 Election Law Journal 111 (2008) (co-authored with Michael P. McDonald).
- How Data Is Used by Advocates, in Data for Democracy: Improving Elections Through Metrics and Measurement 20 (Pew Center on the States 2008).
- Introduction, in Making Every Vote Count: Federal Election Legislation in the States 5 (Princeton University 2006).
PROFESSOR JOSHUA A. DOUGLAS
Thomas P. Lewis Professor of Law, University of Kentucky Rosenberg College of Law
- Election Law Pleading, 81 George Washington Law Review 1966 (2013).
THE FEDERAL LAWYER
June 2012 Issue
- Richard Hasen, What to Expect When You’re Electing: Federal Courts and the Political Thicket in 2012, at 34.
- James A. Kahl, Citizens United, Super PACs, and Corporate Spending on Political Campaigns: How Did We Get Here and Where Are We Going?, at 40.
- Franita Tolson, Litigating Under the Voting Rights Act After the Texas Redistricting Cases, at 46.
- Luis Fuentes-Rohwer, Is This the Beginning of the End of the Second Reconstruction?, at 54.