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January 05, 2009"Recount results certified with Franken on top"The Star-Tribune offers this news update. See also this National Journal column, by Eliza Newlin Carney. Posted by Rick Hasen at 03:01 PM
"Defiant Burris Says Senate Seat Is His"The NY Times offers this news update. Posted by Rick Hasen at 02:58 PM
Minnesota Supreme Court Stays Out of Franken-Coleman Dispute, for NowHere is the unanimous order. More from the Star Tribune. Posted by Rick Hasen at 09:41 AM
"Reid Hints He Is Open to Discussion of Burris Nomination"Roll Call offers this report ($). Posted by Rick Hasen at 08:04 AM
"'Patriot Dollars' to Reform Politics"Pamela L. Finmark and William D. Chalmers have written this LA Times oped. Posted by Rick Hasen at 07:59 AM
"Minnesota canvassing board expected to say that Democrat Al Franken is winner in Senate race"AP offers this report. Posted by Rick Hasen at 07:57 AM
"Smooth Vote Doesn't Quiet Critics"The Columbus Dispatch has this article on Ohio Secretary of State Jennifer Brunner. Posted by Rick Hasen at 07:54 AM
January 04, 2009"Reid Stands by Decision to Block Burris"The Washington Post offers this report. Posted by Rick Hasen at 09:48 PM
"Madera Unified case is changing elections throughout California"The LA Times offers this must-read report on the California Voting Rights Act. Posted by Rick Hasen at 09:35 PM
"Coleman's Best Hope is in Court"The Star Tribune offers this report. See also Schumer: Senate Should Seat Franken. Posted by Rick Hasen at 09:31 PM
"Harry Reid v. the Constitution"The Wall Street Journal offers this editorial. Posted by Rick Hasen at 09:25 PM
January 02, 2009"Supreme Court asks to hear from Franken, counties before ruling on Coleman's suit"The Minnesota Independent reports. You can find the Minnesota Supreme Court's order here. More from the Star Tribune. Posted by Rick Hasen at 02:37 PM
"Senate Adjourns, Ends Standoff With Bush"The Washington Post offers this report, which begins: "In less than 30 seconds this morning, Sen. Jeff Bingaman (D-N.M.) gaveled to a close a 14-month standoff between Senate Democrats and President Bush, effectively ending the contentious 110th Congress and also blocking any last-minute appointments by the White House." Posted by Rick Hasen at 09:52 AM
"GOP Members Deadlock FEC, Undermining Positions on 527s, Embezzlement, Disclosure"BNA Money & Politics Report offers this must-read report ($). Posted by Rick Hasen at 09:49 AM
"Senate GOP to block attempt to seat Franken early"AP offers this report. Posted by Rick Hasen at 09:45 AM
Bauer on the Burris ControversyHere. And I don't think the Amar/Chafetz "sense of the Senate" would work. To "bulletproof" it, why not vote to expel him immediately upon his being seated? Posted by Rick Hasen at 09:37 AM
January 01, 2009"Senate Recount: Coleman Appeals to State's Highest Court"The Star-Tribune offers this report. You can find Coleman's emergency motion here. I'm not sure I understand the legal basis for this motion. If Coleman has the authority himself to exclude any absentee ballot he disagrees with having counted, he can exclude all of the ballots and then have them counted in a later election contest, thereby avoiding the potential Bush v. Gore equal protection problem. I certainly understand the political basis for this request. The Coleman campaign must have calculated that it is likely to lose once these "fifth pile" absentee ballots are counted, and there is going to be a great political benefit to being the declared victor going into any post-certification litigation. Posted by Rick Hasen at 08:30 AM
"Roland Burris battles roadblocks to U.S. Senate; stall tactics likely by others"The Chicago Tribune offers this report. See also additional analysis by Lyle Denniston, Jack Balkin, Mark Tushnet, and Akhil Amar and Josh Chafetz. Posted by Rick Hasen at 08:23 AM
December 31, 2008"The Minnesota Recount Folly: We've Been Down That Road"Trent England has written this WSJ oped. TPM has more on what will happen if the canvassing board declares Franken the winner on Monday. Posted by Rick Hasen at 12:01 PM
"Supreme Court Next for Rep. Jefferson"SCOTUSblog offers this report. Posted by Rick Hasen at 07:57 AM
"Canvassing Board nudges Franken's lead up to 49"The latest from Minnesota. Posted by Rick Hasen at 07:55 AM
"Democrats Seek to Block Appointee to Obama's Seat"The NY Times offers this report. My own view on the situation, as summarized in this post at the Wall Street Journal law blog, is that it will take a 2/3 vote of the Senate to expel Burris, should he present himself to the Senate. (That is, I don't think the Senate could exclude Burris on a majority vote, given the holding of Powell v. McCormack.) However, Jan Baran is right that the Senate could drag on an investigation before seating Burris for some time, and there's a chance for a lengthy court fight before that if the Illinois Secretary of State refuses to certify Burris's appointment. Posted by Rick Hasen at 07:52 AM
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Electing the President in 2012: Three Predictions About How the Rules Might Differ Next Time Around, Findlaw, Nov. 4, 2008 Senator Obama's $150-Million September and $600-Million Campaign: Signs that Our Campaign Finance Laws are Broken or Working?, Findlaw, Oct. 28, 2008 Registering Doubt: If We Can Nationalize Banks, Why Not Our Election Process?, Slate, Oct. 27, 2008 Eight Years After Bush v. Gore, Why is There Still So Much Election Litigation and What Does This Mean for Voter Confidence in the Electoral Process?, Findlaw, Oct. 20, 2008 The Ground Game, Slate, Sept. 8, 2008 Gaming Indiana: The Quirky State Voting Law That Could Affect Tuesday's Primary, Slate, April 29, 2008 The Collapse of the Public Financing System for U.S. Presidential Campaigns: Blame Congress, Not the Candidates, Findlaw, April 22, 2008 About Face: The Roberts Court Sets the Stage for Shrinking Voting Rights, Putting Poor and Minority Voters Especially In Danger, Findlaw, Mar. 26, 2008 Taking the Democratic Party to Court, Slate, Mar. 7, 2008 Bubble Trouble on the Ballot; A complicated system and confusing ballot may have spoiled the vote for many independents, L.A.Times, Feb. 7, 2008 Whatever Happened to 'One Person, One Vote'? Why the Crazy Caucus and Primary Rules are Legal, Slate, Feb. 5, 2008 Voting System is Haunted by Democratic Meltdown, Canberra Times (Australia), Jan. 22, 2008 Stephen Colbert's "Hail to the Cheese" Presidential Candidacy: Why the Comedian's Campaign Raises Serious Questions about the Role of Corporate Money In Elections, Findlaw, Nov. 9, 2007 Justice Thomas: Leading the Way to Campaign Finance Deregulation, First Amendment Center Online, October 8, 2007 Will California Put GOP Over Top?, San Diego Union-Tribune, September 25, 2007 A Voting Test for the High Court, Washington Post, September 19, 2007 Law and Dis-Order: The Imploding System for Choosing the Next President, Findlaw, August 29, 2007 E-voting Paranoia, or the Right Course?, Los Angeles Times, August 7, 2007 Faux Judicial Restraint in Full View, The Recorder/Law.com, June 29, 2007 Implausible Deniability: The Internet Foils Fudging by Three "Voter Fraud" Warriors, Slate, June 13, 2007 The Fraudulent Fraud Squad: The incredible, disappearing American Center for Voting Rights, Slate, May 18, 2007 Courts Need to Keep a Skeptical Eye on New Voter Identification Laws, Election Law @ Moritz Commentary, Apr. 24, 2007 Back on the Campaign Trail?, Legal Times (law.com), Feb. 12, 2007 (on WRTL case) It's Time for the House to Pick Up the Pieces in Florida's 13th District, Roll Call, Dec. 6, 2006 Keeping the Voting Clean, NY Times, Nov. 11, 2006 Ending Court Protection of Voters from the Initiative Process, 116 Yale Law Journal Pocket Part 115 (2006) Election Deform: The Supreme Court Messes Up Election Law. Again, Slate, Oct. 24, 2006 All or Nothing? Let the Voters Decide, LA Times, September 2, 2006 Some Recent and Ongoing Election Law Fights Over Ballot Access: New Skirmishes Could Determine the Balance of Power in Congress, Findlaw, August 31, 2006 Pass the VRA Bailout Amendment, Roll Call, July 11, 2006 Political Portents: Latest Supreme Court rulings on election law may foreshadow a far more conservative approach, Legal Times, July 10, 2006 What Congress Should Consider Before Renewing the Voting Rights Act: A Chance to Preempt Supreme Court Invalidation, and Better Protect Minority Voting Rights, Findlaw, May 30, 2006 527 Reform May Be Needed, but Not in Lobby Bills, Roll Call, Mar. 27, 2006 Fraud Reform? How efforts to ID voting problems have become a partisan mess, Slate, Feb. 22, 2006 Hold the Line: The Texas redistricting case is not a winner for Democrats, Slate, Dec. 19, 2005 Putting a Chill on the Initiative Process, Los Angeles Times, Dec. 12, 2005 One Person, One Filibuster? Judge Alito's Controversial Comment on a Supreme Court Voting Rights Case, Findlaw, Nov. 30, 2005 Initiative Defeats a Blow for Election Reform, San Jose Mercury News, Nov. 15, 2005 Carter-Baker election reforms imperiled by its partisan voter ID mandate, Christian Science Monitor, September 22, 2005 California Supreme Court is Making a Mess of California''s Initiative Law, Los Angeles Daily Journal, August 17, 2005 (under the misleading title Redistricting Measure Doesn't Belong on Ballot) Roberts' Iffy Support for Voting Rights, Los Angeles Times, August 3, 2005 Twice Removed: Why Rehnquist Should Resign Now, The New Republic Online, July 7, 2005 Rock the Vote: O'Connor and Election Law, The New Republic Online, July 1, 2005 We Haven't Seen the Last of Election Litigation, Seattle Times, June 10, 2005 Election Reform Isn?t a High Priority Now, But It Should Be, Roll Call, May 17, 2005 Voter Vouchers Can Help Clean Up Politics, Los Angeles Times, May 10, 2005 Hate the Filibuster? You Might Want to Nuke the Entire Senate, Roll Call, April 26, 2005 The Ripple Effects of the FEC's Rules on Political Blogging: Why They Will End Up Undermining Limits on Corporation and Union Campaign Finance Activities, Findlaw, April 5, 2005 More commentaries and opeds by Rick Books by Rick
 Book introduction Table of Contents Order from Amazon.com Order from BarnesandNoble.com Journal of Legislation Symposium on book ___________________________ The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (forthcoming March 2009) ___________________________  Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji _____________________________ Forthcoming Publications, Recent Articles, and Working Papers
"Regulation of Campaign Finance," in Vikram Amar and Mark Tushnet, Global Perspectives on Constitutional Law (Oxford University Press (2009)
More Supply, More Demand: The Changing Nature of Campaign Financing for Presidential Primary Candidates (working paper, Sept. 2008) 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) (draft available) "Too Plain for Argument?" The Uncertain Congressional Power to Require Parties to Choose Presidential Nominees Through Direct and Equal Primaries, 102 Northwestern University Law Review 2009 (2008) Political Equality, the Internet, and Campaign Finance Regulation, The Forum, Vol. 6, Issue 1, Art. 7 (2008) Justice Souter: Campaign Finance Law's Emerging Egalitarian, 1 Albany Government Law Review 169 (2008) Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minnesota Law Review 1064 (2008) (draft available) The Untimely Death of Bush v. Gore, 60 Stanford Law Review 1 (2007) Remedies: Examples and Explanations (Aspen 2007) Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Nonjusticiability of Guarantee Clause Cases, in The Political Question Doctrine and the Supreme Court of the United States (Mortada-Sabbah and Cain eds., Rowman and Littlefield, 2007) The Newer Incoherence: Competition, Social Science, and Balancing in Campaign Finance Law After Randall v. Sorrell, 68 Ohio State Law Journal 849 (2007) First Amendment Limits on Regulating Judicial Campaigns, in Running for Judge (Matthew Streb ed., NYU Press, 2007) (draft available) Congressional Power to Renew Preclearance Provisions, in The Future of the Voting Rights Act (Epstein, Pildes, de la Garza and O'Halloran, eds., Russell Sage Foundation, 2006) Bad Legislative Intent, 2006 Wisconsin Law Review 843 No Exit? The Roberts Court and the Future of Election Law, 57 South Carolina Law Review 669 (2006) (symposium on voting rights) The Uncertain Congressional Power to Ban State Felon Disenfranchisement Laws, 49 Howard Law Journal 767 (2006) (part of voting rights symposium) Lessons from the Clash Between Campaign Finance Laws and the Blogosphere , 11 Nexus Law Journal (forthcoming 2006) (essay part of symposium on blogging and the law) 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) Beyond the Margin of Litigation: Reforming U.S. Election Administration to Avoid Electoral Meltdown, 62 Washington & Lee Law Review 937 (2005) Rethinking the Unconstitutionality of Contribution and Expenditure Limits in Ballot Measure Campaigns, 78 Southern California Law Review 885 (2005) Congressional Power to Renew the Preclearance Provisions of the Voting Rights Act after Tennessee v. Lane, 66 Ohio State Law Journal 177 (2005) The California Recall Punch Card Litigation: Why Bush v. Gore Does Not "Suck," in Clicker Politics: Essays on the California Recall 170-81 (Shaun Bowler and Bruce E. Cain, eds. 2006) The Supreme Court and Election Law: A Reply to Three Commentators, 31 Journal of Legislation 1 (2004) Looking for Standards (in all the Wrong Places): Partisan Gerrymandering Claims After Vieth, 3 Election Law Journal 626 (2004) (draft available) The California Recall Punch Card Litigation: Why Bush v. Gore Does Not Suck Buckley is Dead, Long Live Buckley: The New Campaign Finance Incoherence of McConnell v. Federal Election Commission, 153 University of Pennsylvania Law Review 31 (2004) The Surprisingly Easy Case for Disclosure of Contributions and Expenditures Funding Sham Issue Advocacy, 3 Election Law Journal 251 (2004) A Critical Guide to Bush v. Gore Scholarship, 7 Annual Review of Political Science 297 (2004) Comments on Baker, Clark, and Direct Democracy, 13 Journal of Contemporary Legal Issues 563 (2004) Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Non-Justiciability of Guarantee Clause Cases, Loyola L.A. Public Research Paper No. 2003-10 Archives About Rick Hasen
Rick Hasen's home page at Loyola Law School, Los Angeles
Commentaries and opeds by Rick Contact Rick by e-mail 2005 Profile of Rick in the Los Angeles Daily Journal 2002 Profile of Rick in the Los Angeles Daily Journal Crescat Sententia's 20 Question interview with me Disclosure: My role in some litigation/election issues
The pro bono brief I've filed in the Crawford (Indiana voter identification case) in the Supreme Court The pro bono amicus brief of Richard Briffault and Rick Hasen in the Wisconsin Right to Life case in the Supreme Court My pro bono amicus letter in 9th Circuit supporting defendants' request for rehearing in Padilla v. Lever I am consulting for the California Nurses Association on their campaign finance initiative (Proposition 89) (see also Yes on 89) I do some consulting work with Horvitz & Levy, LLP My pro bono amicus letter in 9th Circuit supporting plaintiffs in Monterey initiative case My motion to file amicus brief/amicus brief supporting appellants in the ACLU punch card recall case United States Supreme Court amicus brief that I wrote for the Center for Governmental Studies in the BCRA case Election Law Resources
Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
Election Law Journal Election Law Listserv homepage Election Law Teacher Database Repository of Election Law Teaching Materials Ballot Access News Brennan Center for Justice The Brookings Institution's Campaign Finance Page California Election Law (Randy Riddle) Caltech-MIT/Voting Technology Project (and link to voting technology listserv) Campaign Legal Center (Blog) Campaign Finance Institute Center for Competitive Politics (Blog) Center for Governmental Studies Demos Earlyvote (Paul Gronke) Election Updates (Mike Alvarez and Thad Hall) Center for Voting and Democracy Commission on Federal Election Reform (Carter-Baker) Election Law@Moritz Electionline.org Equal Vote (Dan Tokaji) Federal Election Commission Initiative and Referendum Institute Law of Democracy (Issacharoff, Pildes and Karlan casebook) Loyola Marymount University: The Presidency 2004 More Soft Money/Hard Law (Robert Bauer) National Research Commission on Elections and Voting (SSRC) National Voting Rights Institute Skeptic's Eye (Allison Hayward) Soapbox (Robbin Stewart) Stanford Law Library Campaign Finance Materials Stanford Law Library Election 2000 materials USC-Caltech Center for the Study of Law and Politics Votelaw blog (Ed Still) Other Law Blogs and Websites of interest to Election Law
How Appealing
SCOTUSblog The Volokh Conspiracy Legal Theory (Larry Solum) American Constitution Society web log Balkinization Disability Law (Sam Bagenstos) Barone Blog (Michael Barone) Beltway Blogroll (Danny Glover for the National Journal) Blackprof.com (Spencer Overton and others) Roll Call Political Wire CQ Politics Hotline Blog The Hill Daily Kos Red State Prawfsblawg Concurring Opinions Orin Kerr Justice Talking (NPR) Political Muscle (Bob Salladay) The Caucus (NY Times) Institute for Law and Politics (U Minn.) |
