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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).
PROFESSOR RICHARD HASEN
Professor of Law and Political Science, University of California at Los Angeles
Books
- Election Law: Cases and Materials (Carolina Academic Press 7th ed. 2022) (co-authored with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas Stephanopoulos).
- Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale University Press 2020).
- 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).
Articles
- Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them, 19 Election Law Journal 263 (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
Books
- 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).
Articles
- The Constitution and Concorcet: Democracy Protection Through Electoral Reform, 70 Drake Law Review 543 (2023).
- Total Vote Runoff: A Majority-Maximizing Form of Ranked Choice Voting, 21 University of New Hampshire Law Review 232 (2023).
- Self-Districting: The Ultimate Antidote to Gerrymandering, 111 Kentucky Law Journal 693 (2022–2023).
- Tournament Elections with Round-Robin Primaries: A Sports Analogy for Electoral Reform, 2021 Wisconsin Law Review 1187.
- Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management, 51 Loyola University Chicago Law Journal 309 (2019).
- 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).
DEAN DANIEL TOKAJI
Fred W. & Vi Miller Dean and Professor of Law, University of Wisconsin-Madison Law School
Book
- Election Law in a Nutshell (West 2d ed. 2017).
Articles
- Voter Registration in a Pandemic, 2020 University of Chicago Law Review Online 35 (2020).
- Vote Dissociation, 127 Yale Law Journal Forum 761 (2018).
- Voting Is Association, 43 Florida State University Law Review 763 (2016).
- HAVA in Court: A Summary and Analysis of Litigation, 12 Election Law Journal 203 (2013).
- Baker, Bush, and Ballot Boards: The Federalization of Election Administration, 62 Case Western Reserve Law Review 969 (2012) (co-authored with Owen Wolfe).
- 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).
DEAN HEATHER GERKEN
Dean and Sol & Lillian Goldman Professor of Law, Yale Law School
Book
- The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009).
Articles
- 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 JOSHUA A. DOUGLAS
Ashland, Inc-Spears Distinguished Research Professor of Law, University of Kentucky Rosenberg College of Law
Articles
- State Constitutions and Youth Voting Rights, 74 Rutgers University Law Review 1729 (2022).
- Undue Deference to States in the 2020 Election Litigation, 30 William & Mary Bill of Rights Journal 59 (2021).
- Precedent, Three-Judge District Courts, and the Law of Democracy, 107 Georgetown Law Journal 413 (2019) (co-authored with Michael E. Solimine).
- Election Law Pleading, 81 George Washington Law Review 1966 (2013).
- The Procedure of Election Law in Federal Courts, 2 Utah Law Review 433 (2011).
PROFESSOR JUSTIN LEVITT
Gerald T. McLaughlin Fellow, Loyola Law School, Los Angeles
Articles
- The Partisanship Spectrum, 55 William & Mary Law Review 1787 (2014).
- 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).
Book Chapters
- 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 LISA MARSHALL MANHEIM
Charles I. Stone Professor of Law, University of Washington School of Law
Article
- Electoral Sandbagging, 13 U.S. Irvine Law Review 2287 (2023).
PROFESSOR DEREK T. MULLER
Professor of Law, University of Notre Dame Law School
Article
- Election Subversion and the Writ of Mandamus, 65 William $ Mary Law Review 327 (2023).