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Election Law--Cases and Materials (5th edition 2012) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003) NOW IN PAPER
Book introduction
Table of Contents
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Journal of Legislation Symposium on book

The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (Aspen Publishers 2d ed. 2011)
Remedies: Examples & Explanations (Aspen Publishers, 2d ed. 2010)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 (2011 update)
Blogroll/Political News Sites
All About Redistricting (Justin Levitt)
American Constitution Society
Balkinization
Ballot Access News
Brennan Center for Justice
The Brookings Institution's Campaign Finance Page
Buzzfeed Politics
California Election Law (Randy Riddle)
Caltech-MIT/Voting Technology Project (and link to voting technology listserv)
The Caucus (NY Times)
Campaign Legal Center (Blog)
Campaign Finance Institute
Center for Competitive Politics (Blog)
Center for Governmental Studies
Doug Chapin (HHH program)
Concurring Opinions
CQ Politics
Demos
Election Updates
Fairvote
Election Law@Moritz
Electionline.org
Equal Vote (Dan Tokaji)
Federal Election Commission
The Fix (WaPo)
The Hill
How Appealing
Initiative and Referendum Institute
Legal Theory (Larry Solum)
Political Activity Law
Political Wire
Politico
Prawfsblawg
Roll Call
SCOTUSblog
Summary Judgments (Loyola Law faculty blog)
Talking Points Memo
UC Irvine Center for the Study of Democracy
UC Irvine School of Law
USC-Caltech Center for the Study of Law and Politics
The Volokh Conspiracy
Votelaw blog (Ed Still)
Washington Post Politics
Why Tuesday?
Recent Newspapers and Magazine Commentaries
Big Money Lost, But Don't Be Relieved, CNN Opinion, Nov. 9, 2012
A Better Way to Vote: Nationalize Oversight and Control, NY Times, "Room for Debate" blog, Nov. 9, 2012
Election Day Dispatches Entry 5: Black Panthers, Navy Seals, and Mysterious Voting Machines, Slate, Nov. 6, 2012
Behind the Voting Wars, A Clash of Philosophies, Sacramento Bee, Nov. 4, 2012
How Many More Near-Election Disasters Before Congress Wakes Up?, The Daily Beast, Oct. 30, 2012
Will Bush v. Gore Save Barack Obama? If Obama Narrowly Wins Ohio, He Can Thank Scalia and the Court's Conservatives, Slate, Oct. 26, 2012
Will Voter Suppression and Dirty Tricks Swing the Election?, Salon, Oct. 22, 2012
Is the Supreme Court About to Swing Another Presidential Election? If the Court Cuts Early Voting in Ohio, It Could Be a Difference Maker in the Buckeye State, Slate, Oct. 15, 2012
Election Truthers: Will Republicans Accept an Obama Election Victory?, Slate, Oct. 9, 2012
Wrong Number: The Crucial Ohio Voting Battle You Haven't Heard About, Slate, Oct. 1, 2012
Litigating the Vote, National Law Journal, Aug. 27, 2012
Military Voters as Political Pawns, San Diego Union-Tribune, August 19, 2012
Tweeting the Next Election Meltdown: If the Next Presidential Election Goes into Overtime, Heaven Help Us. It’s Gonna Get Ugly, Slate, Aug. 14, 2012
A Detente Before the Election, New York Times, August 5, 2012
Worse Than Watergate: The New Campaign Finance Order Puts the Corruption of the 1970s to Shame, Slate, July 19, 2012
Has SCOTUS OK'd Campaign Dirty Tricks?, Politico, July 10, 2012
End the Voting Wars: Take our elections out of the hands of the partisan and the incompetent, Slate, June 13, 2012
Citizens: Speech, No Consequences, Politico, May 31, 2012
Is Campaign Disclosure Heading Back to the Supreme Court? Don’t expect to see Karl Rove’s Rolodex just yet, Slate, May 16, 2012
Unleash the Hounds Why Justice Souter should publish his secret dissent in Citizens United, Slate, May 16, 2012
Why Washington Can’t Be Fixed; And is about to get a lot worse, Slate, May 9, 2012
Let John Edwards Go! Edwards may be a liar and a philanderer, but his conviction will do more harm than good, Slate, April 23, 2012
The Real Loser of the Scott Walker Recall? The State of Wisconsin, The New Republic, April 13, 2012
A Court of Radicals: If the justices strike down Obamacare, it may have grave political implications for the court itself, Slate, March 30, 2012
Of Super PACs and Corruption, Politico, March 22, 2012
Texas Voter ID Law May Be Headed to the Supreme Court, Fort Worth Star-Telegram, Mar. 13, 2012
“The Numbers Don’t Lie: If you aren’t sure Citizens United gave rise to the Super PACs, just follow the money, Slate, Mar. 9, 2012
Stephen Colbert: Presidential Kingmaker?, Politico, Mar. 5 2012
Occupy the Super PACs; Justice Ginsburg knows the Citizens United decision was a mistake. Now she appears to be ready to speak truth to power, Slate, Feb. 20, 2012
Kill the Caucuses! Maine, Nevada, and Iowa were embarrassing. It’s time to make primaries the rule, Slate, Feb. 15, 2012
The Biggest Danger of Super PACs, CNN Politics, Jan. 9, 2012
This Case is a Trojan Horse, New York Times "Room for Debate" blog, Jan. 6, 2012 (forum on Bluman v. FEC)
Holder's Voting Rights Gamble: The Supreme Court's Voter ID Showdown, Slate, Dec. 30, 2011
Will Foreigners Decide the 2012 Election? The Extreme Unintended Consequences of Citizens United, The New Republic (online), Dec. 6, 2011
Disenfranchise No More, New York Times, Nov. 17, 2011
A Democracy Deficit at Americans Elect?, Politico, Nov. 9, 2011
Super-Soft Money: How Justice Kennedy paved the way for ‘SuperPACS’ and the return of soft money, Slate, Oct. 25, 2012
The Arizona Campaign Finance Law: The Surprisingly Good News in the Supreme Court’s New Decision, The New Republic (online), June 27, 2011
New York City as a Model?, New York Times Room for Debate, June 27, 2011
A Cover-Up, Not a Crime. Why the Case Against John Edwards May Be Hard to Prove, Slate, Jun. 3, 2011
Wisconsin Court Election Courts Disaster, Politico, Apr. 11, 2011
Rich Candidate Expected to Win Again, Slate, Mar. 25, 2011
Health Care and the Voting Rights Act, Politico, Feb. 4, 2011
The FEC is as Good as Dead, Slate, Jan. 25, 2011
Let Rahm Run!, Slate, Jan. 24, 2011
Lobbypalooza,The American Interest, Jan-Feb. 2011(with Ellen P. Aprill)
Election Hangover: The Real Legacy of Bush v. Gore, Slate, Dec. 3, 2010
Alaska's Big Spelling Test: How strong is Joe Miller's argument against the Leeza Markovsky vote?, Slate, Nov. 11, 2010
Kirk Offers Hope vs. Secret Donors, Politico, November 5, 2010
Evil Men in Black Robes: Slate's Judicial Election Campaign Ad Spooktackular!, Slate, October 26, 2010 (with Dahlia Lithwick)
Show Me the Donors: What's the point of disclosing campaign donations? Let's review, Slate, October 14, 2010
Un-American Influence: Could Foreign Spending on Elections Really Be Legal?, Slate, October 11, 2010
Toppled Castle: The real loser in the Tea Party wins is election reform, Slate, Sept. 16, 2010
Citizens United: What the Court Did--and Why, American Interest, July/August 2010
The Big Ban Theory: Does Elena Kagan Want to Ban Books? No, and She Might Even Be a Free Speech Zealot", Slate, May 24, 2010
Crush Democracy But Save the Kittens: Justice Alito's Double Standard for the First Amendment, Slate, Apr. 30, 2010
Some Skepticism About the "Separable Preferences" Approach to the Single Subject Rule: A Comment on Cooter & Gilbert, Columbia Law Review Sidebar, Apr. 19, 2010
Scalia's Retirement Party: Looking ahead to a conservative vacancy can help the Democrats at the polls, Slate, Apr. 12, 2010
Hushed Money: Could Karl Rove's New 527 Avoid Campaign-Finance Disclosure Requirements?, Slate, Apr. 6, 2010
Money Grubbers: The Supreme Court Kills Campaign Finance Reform, Slate, Jan. 21, 2010
Bad News for Judicial Elections, N.Y. Times "Room for Debate" Blog, Jan., 21, 2010
Read more opeds from 2006-2009
Forthcoming Publications, Recent Articles, and Working Papers
The 2012 Voting Wars, Judicial Backstops, and the Resurrection of Bush v. Gore, George Washington Law Review (forthcoming 2013) (draft available)
A Constitutional Right to Lie in Campaigns and Elections?, Montana Law Review (forthcoming 2013) (draft available)
End of the Dialogue? Political Polarization, the Supreme Court, and Congress, 86 Southern California Law Review (forthcoming 2013) (draft available)
Fixing Washington, 126 Harvard Law Review (forthcoming 2012) (draf available)
What to Expect When You’re Electing: Federal Courts and the Political Thicket in 2012, Federal Lawyer, (forthcoming 2012)( draft available)
Chill Out: A Qualified Defense of Campaign Finance Disclosure Laws in the Internet Age, Journal of Law and Politics (forthcoming 2012) (draft available)
Lobbying, Rent Seeking, and the Constitution, 64 Stanford Law Review (forthcoming 2012) (draft available)
Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law, Emory Law Journal (forthcoming 2012) (draft available)
Teaching Bush v. Gore as History, St. Louis University Law Review (forthcoming 2012) (symposium on teaching election law) (draft available)
The Supreme Court’s Shrinking Election Law Docket: A Legacy of Bush v. Gore or Fear of the Roberts Court?, Election Law Journal (forthcoming 2011) (draft available)
Citizens United and the Orphaned Antidistortion Rationale, 27 Georgia State Law Review 989 (2011) (symposium on Citizens United)
The Nine Lives of Buckley v. Valeo, in First Amendment Stories, Richard Garnett and Andrew Koppelman, eds., Foundation 2011)
The Transformation of the Campaign Financing Regime for U.S. Presidential Elections, in The Funding of Political Parties (Keith Ewing, Jacob Rowbottom, and Joo-Cheong Tham, eds., Routledge 2011)
Judges as Political Regulators: Evidence and Options for Institutional Change, in Race, Reform and Regulation of the Electoral Process, (Gerken, Charles, and Kang eds., Cambridge 2011)
Citizens United and the Illusion of Coherence, 109 Michigan Law Review 581 (2011)
Aggressive Enforcement of the Single Subject Rule, 9 Election Law Journal 399 (2010) (co-authored with John G. Matsusaka)
The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf, 95 Cornell Law Review 1173 (2010)
Constitutional Avoidance and Anti-Avoidance on the Roberts Court, 2009 Supreme Court Review 181 (2010)
Election Administration Reform and the New Institutionalism, California Law Review 1075 (2010) (reviewing Gerken, The Democracy Index)
You Don't Have to Be a Structuralist to Hate the Supreme Court's Dignitary Harm Election Law Cases, 64 University of Miami Law Review 465 (2010)
The Democracy Canon, 62 Stanford Law Review 69 (2009)
Review Essay: Assessing California's Hybrid Democracy, 97 California Law Review 1501 (2009)
Bush v. Gore and the Lawlessness Principle: A Comment on Professor Amar, 61 Florida Law Review 979 (2009)
Introduction: Developments in Election Law, 42 Loyola of Los Angeles Law Review 565 (2009)
Book Review (reviewing Christopher P. Manfredi and Mark Rush, Judging Democracy (2008)), 124 Political Science Quarterly 213 (2009).
"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)
Articles 2004-2007
Category Archives: ethics investigations
“Political Intelligence: The New Oxymoron”
Jon Stewart Skewers Congress for Decimating STOCK Act
Watch (NSFW).
“Rangel lawsuit airs ethics’ panel laundry”
Al Kamen: “Talk about not letting sleeping dogs lie. Rep. Charlie Rangel (D-N.Y.) filed a lawsuit Monday in federal court seeking to have his 2010 House censure overturned….But some of the addendums to the lawsuit make for interesting reading. We were particularly interested in a memo from the Democratic staff director of the House Ethics Committee outlining complaints against two of the committee’s lawyers who were later suspended.”
“New documents raise more questions about financing of McDonnell’s daughter’s wedding”
“Donor Says He Sought Menendez on Medicare Without Breaking Law”
Bloomberg: “Salomon Melgen, the Florida political donor at the center of a criminal probe, said he and Senator Robert Menendez are ‘like brothers’ who spoke weekly, yet his companies never benefited and he broke no laws.”
“House Ethics Panel Finds Cause to Investigate 2 Lawmakers”
NYT: “The House Ethics Committee has found credible evidence that two lawmakers — a Republican from Alaska and a Democrat from New Jersey — improperly used campaign money for personal expenses, among other abuses.”
“Grand jury investigating Sen. Robert Menendez (D-N.J.), people familiar with probe say”
WaPo: “A federal grand jury in Miami is investigating Sen. Robert Menendez (D-N.J.), examining his role in advocating for the business interests of a wealthy donor and friend, according to three people aware of the probe.”
The Backstory on Allegations Against Sen. Menendez
Must-read NYT report.
“Reform Groups Urge Office of Congressional Ethics to Steer Clear of Procedural Minefield”
Press release: “Reform groups sent a letter today to the Office of Congressional Ethics (OCE) urging the agency to avoid the procedural minefield of rules changes proposed recently by several private attorneys. The reform groups include the Campaign Legal Center, Citizens for Responsibility and Ethics in Washington (CREW), Common Cause, Democracy 21, League of Women Voters, National Legal and Policy Center, Public Citizen, Sunlight Foundation and U.S. PIRG.”
“Scope of Doctor’s Money Ties to Menendez Exceeds $1 Million”
Roll Call: “Florida ophthalmologist Salomon Melgen has given more than $1 million directly and indirectly to Sen. Robert Menendez, D-N.J., and committees supporting him over the course of their friendship, new disclosures show….In states such as New Jersey that do not ban all corporate campaign contributions, federal rules permit party committees to raise corporate donations for limited purposes, such as voter registration. However, campaign finance laws bar federal candidates and officials from soliciting such unrestricted corporate money under any circumstances. ‘If he actually asked Melgen for this money for these local party committees, it’s a violation of the [Federal Election Campaign Act],’ said Brett Kappel, counsel at Arent Fox. ‘And because of the amount of money involved, it’s a significant violation.’”
“Mr. Menendez’s Ethics Problem”
“Sen. Menendez contacted top officials in friend’s Medicare dispute”
I will go out on a limb and predict this won’t end well for the Senator.
“Attorneys Want Public Input on Ethics Office Rules Changes”
Roll Call: “A bipartisan group of attorneys who represent lawmakers in ethics proceedings said in a letter to the independent Office of Congressional Ethics on Monday that its recent rules changes rolled back important protections for their clients and that there should have been public input.”
“Boehner, Pelosi Reappoint Board of Ethics Watchdog”
National Journal: “The independent Office of Congressional Ethics officially received the green light Wednesday to continue its watchdog work, with the formal reappointments of its board members by House Speaker John Boehner, R-Ohio, and Minority Leader Nancy Pelosi, D-Calif.”
“Ethics restrictions so strict they undermine democracy”
Kathleen Clark blogs on Congress’ passage of the Hatch Act Modernization Act,
“Watchdogs warn House ethics process is at risk”
WaPo: “Government watchdogs are warning that the independent office responsible for overseeing ethics investigations of House lawmakers runs the risk of becoming a toothless entity if leaders fail to appoint new board members in the closing weeks of the year.”
“Ethics Panel to Scrutinize Congressman From S.I.”
“Ethics in Play, Voters Oust Incumbents Under Scrutiny”
“Jesse Jackson Jr. in plea deal talks with feds over fund misuse: sources”
“Ethics Panel Will Investigate Gessler Expenses”
AP: “Colorado’s Independent Ethics Commission
will investigate whether Secretary of State Scott Gessler wrongfully used state money to travel to a Republican election law training event and the Republican National Convention in Tampa in August.”
“Report: Jackson allegedly improperly used campaign money to decorate home”
“Congress members back legislation that could benefit themselves, relatives”
“After Waters Inquiry, House Panel Recommends New Ethics Rules”
I missed this NYT piece earlier this week. It begins: “Saying that public trust is at stake, a special House ethics panel on Tuesday called for new rules to prevent lawmakers and their staffs from violating conflict of interest standards and proposed other new measures designed to keep partisan squabbles from undermining future investigations of such wrongdoing. The broad set of recommendations, coming only a few months before the House will adopt a new set of rules for the next Congress, were released as the ethics committee finally completed a three-year investigation of Representative Maxine Waters, Democrat of California, an inquiry that itself got caught up in controversy because of such partisan disputes and ambiguous ethics rules.”
House Ethics Committee Clears Rep. Maxine Waters of Ethics Charges
Here is an earlier Roll Call report before the formal announcement.
“Judge temporarily blocks STOCK Act from taking effect for executive branch”
“HHS Secretary Kathleen Sebelius’s comments violated Hatch Act, OSC concludes”
“Report offers new details in campaign fund ethics probe of Rep. Rob Andrews”
WaPo: “Rep. Rob Andrews (D-N.J.) may have violated House rules and federal law by using campaign funds to pay for personal trips to Scotland and Los Angeles and by using a graduation party for his daughter to raise campaign cash, the congressional ethics office said Friday, providing new details in the ongoing investigation of the incidents.”
“Ethics panel says Rep. Laura Richardson broke federal law, obstructed probe”
WaPo reports.
“Prosser converts campaign account to legal defense fund”
Milwaukee Journal-Sentinel: “State Supreme Court Justice David Prosser has re-christened his campaign finance account as a defense fund, which he said he is considering using to fight allegations that he violated judicial ethics rules by putting his hands on the neck of a fellow justice last year. The Government Accountability Board, which oversees the state’s ethics and elections law, approved Prosser’s plans earlier this year, the agency confirmed Monday. But others – including the former top lawyer for the accountability board – questioned its views on how the fund could be used.”
“House Ethics panel clears Rep. Buchanan”
The Hill: “The House Ethics Committee on Tuesday cleared Rep. Vern Buchanan (R-Fla.) on charges that he violated House rules by intentionally misleading Congress about his finances.”
But:
“The Justice Department is reportedly investigating Buchanan separately on at least four counts.”
“Shelley Berkley faces formal ethics investigation”
WaPo: “The House Ethics Committee has voted unanimously to launch a formal investigation into allegations that Rep. Shelley Berkley (D-Nev.) used her position to benefit the financial interests of her husband — a blow to her candidacy in one of the nation’s most competitive Senate contests.”
An Inside Look at the Most Dysfunctional Appellate Court in the U.S.
The latest from Wisconsin.
“Ethics Case Against Congresswoman to Resume”
NYT: “Leaders of the House Ethics Committee said Wednesday that they would move ahead with a long-delayed inquiry into allegations of impropriety by Representative Maxine Waters after concluding that committee missteps had not denied Ms. Waters a fair hearing in the case.”
“Gov. Scott requests review of 3 justices’ action”
The Orlando Sentinel reports.
“Congress ethics office clears Bachus of insider trading”
WaPo reports.
“STOCK Act to be Signed Today”
Sunlight Foundation: “A few of us at Sunlight are excited to be going to the bill signing ceremony for the STOCK Act (S. 2038) in a few hours. While the ultimate form the bill took was weaker than what we hoped for, Sunlight has long supported the STOCK Act and the increased transparency it will create.”
“House ethics panel launches new probes of Reps. Shelley Berkley, Vern Buchanan”
WaPo reports.
“Study Shows House Members Profit”
A nonprofit ethics group here spent the last nine months examining every member of the House — for campaign spending, budget earmarks, office accounts and lobbying by any relatives — and found that the families of more than half of all the House lawmakers have received payments or otherwise benefited financially from their affiliation with a lawmaker in the two previous election cycles.
The 346-page report by Citizens for Responsibility and Ethics in Washington, or CREW, is an extraordinary compendium of creative accounting, self-interested budgeting and generous expense reimbursements. It highlights common practices that translate into tens of millions of dollars in payments to relatives or the lawmakers themselves.
“Brief of the Week: When AGs unite”
National Law Journal: “After the U.S. Court of Appeals for the 11th Circuit upheld bribery and “honest services” fraud convictions of former Alabama governor Don Siegelman last year, more than 100 former state attorneys generals decided to intervene.”
My earlier coverage of this pending cert. petition is here.
“Wisconsin Supreme Court justices battle over recusing themselves”
The Wisconsin Center for Investigative Journalism offers this report (via Howard).

