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Election Litigation: Election Law Bibliography
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 Law's Path in the Roberts Court's First Decade: A Sharp Right Turn but with Speed Bumps and Surprising Twists, 68 Stanford Law Review 1597 (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.
- What to Expect When You’re Electing: Federal Courts and the Political Thicket in 2012, Federal Lawyer, June 2012.
- The Democracy Canon, 62 Stanford Law Review 62 (2009).
- Introduction: Developments in Election Law, 42 Loyola of Los Angeles Law Review 565 (2009).
- No Exit? The Roberts Court and the Future of Election Law, 57 South Carolina Law Review 669 (2006) (part of a symposium on voting rights).
- How Much Is Enough? The “Ballot Order Effect” and the Use of Social Science Evidence in Election Law Disputes, 5 Election Law Journal 40 (2006) (co-authored with R. Michael Alvarez and Betsy Sinclair).
PROFESSOR EDWARD FOLEY
Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law, Ohio State University
- Due Process, Fair Play, and Excessive Partisanship: A New Principle of Judicial Review of Election Law, 84 University of Chicago Law Review 655 (2017).
- Third-Party and Independent Presidential Candidates: The Need for a Runoff Mechanism, 85 Fordham Law Review 993 (2016).
- Voters as Fiduciaries, 2015 University of Chicago Law Forum 153.
- The Judicialization of Politics: The Challenge of the ALI Principles of Election Law Project, 79 Brooklyn Law Review 551 (2014).
- A Big Blue Shift: Measuring an Asymmetrically Increasing Margin of Litigation, 28 Journal of Law & Politics 501 (2013).
- Voting Rules and Constitutional Law, 81 George Washington Law Review 1836 (2013).
- How Fair Can Be Faster: The Lessons of Coleman v. Franken, 10 Election Law Journal 187 (2011).
- Lost Opportunity: Learning the Wrong Lesson from the Hayes-Tilden Dispute, 79 Fordham Law Review 1043 (December 2010) (co-authored with Nathan Colvin).
- The Analysis and Mitigation of Election Errors: Theory, Practice and Policy, 18 Stanford Law & Policy Review 351 (2007).
PROFESSOR DANIEL TOKAJI
Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, Ohio State University
- Voting is Association, 43 Florida State University Law Review 763 (2016).
- Applying Section 2 to New Vote Denial, 50 Harvard Civil Rights-Civil Liberties Law Review 439 (2015).
- Responding to Shelby County: A Grand Election Bargain, 8 Harvard Law 7 Policy Review 71 (2014).
- Lowenstein Contra Lowenstein: Conflicts of Interest in Election Administration, 9 Election Law Journal 421 (Fall 2010).
- Public Rights and Private Rights of Action: The Enforcement of Federal Election Laws, 44 Indiana Law Review 113 (2010).
- Laboratories of Election Reform, 8 Election Law Journal 267 (2009).
- The Future of Election Reform: From Rules to Institutions, 28 Yale Law & Policy Review 125 (2009).
- 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).
PROFESSOR HEATHER GERKEN
Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
- 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).
- Shortcuts to Reform, 93 Minnesota Law Review 1582 (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
PROFESSOR JOSHUA A. DOUGLAS
Robert G. Lawson & William H. Fortune Associate Professor of Law, University of Kentucky
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.