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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
Order from Amazon.com
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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: election law biz
Academic Update Update
Here’s one I missed:
Janai Nelson was included in the Lawyers of Color 50 under 50 list (most influential minority law professors aged 50 or younger) and is the recipient of the 2013 Derrick A. Bell Award from the American Association of Law Schools (AALS) Section on Minority Groups. The award is presented each year to a junior faculty member who has made an extraordinary contribution through scholarship, teaching, and mentoring. She was also granted tenure and promoted to full professor at St. John’s University School of Law. Most recently, she was appointed the law school’s Associate Dean of Faculty Scholarship.
Congratulations!
Election Law Academics Update
Here’s my yearly roundup of election law academic hires, promotions moves, visits, accolades.
Mark Alexander, Guy Charles, Kareem Crayton, Spencer Overton, and Ciara Torres-Spelliscy were included in the Lawyers of Color 50 under 50 list (most influential minority law professors aged 50 or younger) .
Josh Douglas will be teaching in London for the Spring 2014 semester as part of the London Law Consortium.
Chris Elmendorf, on sabbatical from UC Davis next year, will be a Visiting Scholar at UC Berkeley’s Institute for Governmental Studies, and the Center for the Study of Law and Society.
Amber Maltbie is teaching Election Law as an adjunct at the University of the Pacific, McGeorge School of Law in the Spring.
Michael McDonald and Micah Altman received the Tides Foundation Pizzigati Prize, Strata Data Innovation Award, and APSA ITP Research Software award for their work on the DistrictBuilder open redistricting system.
Dave Primo was named the Ani and Mark Gabrellian Professor at the University of Rochester.
Teddy Rave has accepted a tenure track teaching postion at Houston Law.
Joshua Ian Rosenstein is adjunct in the Election Law Program at William & Mary Law, where he is teaching a course on lobbying law called The Regulation of Advocacy.
Brad Smith will hold the Visiting Judge T. Copenhaver Chair of Law at West Virginia University in 2013-14.
Doug Spencer has accepted a tenure track teaching position at U. Conn Law.
Matt Streb has been promoted for full professor at NIU.
Congratulations, all!
“Bob Edgar, Lawmaker and Liberal Leader, Dies at 69″
Sad News: Bob Edgar Passes
Common Cause is deeply saddened to announce that Bob Edgar, its president and CEO, died suddenly this morning at his home. Bob was 69.
“We are deeply saddened and shaken today by the passing of Bob Edgar,” said Common Cause Board Chair Robert Reich. “Bob will be remembered for his decency, kindness, compassion and humor. His deep commitment to social justice and strengthening our democracy is his greatest gift to Common Cause and the nation. Our hearts are with Bob’s family, his wife Merle, and sons Andrew, David and Rob, and their families.”"
Bob, who served Pennsylvania in Congress for 12 years and also led the National Council of Churches, became the president and CEO of Common Cause in May 2007. He oversaw the relaunching of at least seven state chapters, travelled tirelessly to meet with and recruit Common Cause supporters and raised the organization’s national profile and its critical mission to strengthen our democracy.
Elected to the U.S. House of Representatives in 1974 to represent the Seventh Congressional District of Pennsylvania, Bob was part of the congressional class nicknamed “the Watergate babies,” those elected in the wake of the Watergate scandal and who led sweeping reforms of Congress.
During six terms in the US House, Bob led efforts to improve public transportation, fought wasteful water projects and authored the Community Right to Know provision of Super Fund legislation. He also served on the House Select Committee on Assassinations that investigated the deaths of Dr. Martin Luther King Jr. and President John F. Kennedy. Bob also served on the Veterans Affairs Committee, working on issues around Agent Orange and readjustment counseling to treat post traumatic stress disorder.
Bob ran unsuccessfully for the US Senate in 1986 against Sen. Arlen Specter. That race fueled his frustration with the undue influence of money in politics and he became an active supporter of clean elections and campaign finance reform, issues that have long been Common Cause’s hallmark. He served on Common Cause’s National Governing Board for several years before becoming President of the organization.
Bob received a Bachelor of Arts degree from Lycoming College, Williamsport, Pa., and a master of divinity degree from the Theological School of Drew University, Madison, N.J. He also served as president of the Claremont School of Theology. He holds five honorary doctoral degrees. Bob sat on the boards of several organizations, including the National Coalition on Health Care, the Environment and Energy Study Institute, the National Foundation on Alternative Medicine, Drew University and the National Committee for Responsive Philanthropy.
Bob was the author of “Middle Church,” a call to progressive people of faith to take back the moral high ground from the extremists and make America a better and less divided country.
###
Common Cause is a nonpartisan, grassroots organization dedicated to restoring the core values of American democracy, reinventing an open, honest, and accountable government that works for the public interest, and empowering ordinary people to make their voices heard.
“RNC Names Bopp Special Counsel”
Press release:
RNC Names James Bopp, Jr. Special Counsel
Republican National Committee Chairman Reince Priebus today announced that James Bopp, Jr. will serve as special counsel to the Republican National Committee. In this volunteer role, Mr. Bopp will provide assistance to RNC general counsel John Ryder with respect to the Rules of the Republican Party.
“I am very pleased that Jim has agreed to continue his service to the RNC by agreeing to assist our General Counsel, John Ryder, on important issues related to the Rules of the Republican Party. Jim was a conservative leader during his time on the national committee and I appreciate his interest in staying involved going forward.”
RNC General Counsel John Ryder commented, “Jim’s knowledge of the party rules and his conservative principles will be valuable assets as we work to strengthen the grassroots of our party and work toward electoral success in 2016.”
“I am thrilled to have the opportunity to assist Chairman Priebus and John Ryder over the next couple years on the important matter of party rules. I appreciate the opportunity to serve in this role and share their commitment to restoring the party’s strength and staying committed to our conservative principles.”
Bopp is an attorney in Terre Haute, Indiana who served on the Republican National Committee from 2008 – 2012. He was recently named one of the 100 Most Influential Lawyers in the United States by The National Law Journal was named the 2009 Republican Lawyer of the Year by the Republican National Lawyers Association. He has been on the forefront of litigating challenges to campaign finance laws, including McCutcheon v. FEC, which is currently before the United States Supreme Court.
James Bopp, Jr. Has a national federal and state election law practice. He is General Counsel for the James Madison Center for Free Speech and former co-Chairman of the election Law subcommittee for the Federalist Society.
Two Great Political Science Blogs
In the course of writing my second paper on political polarization (here’s the first), I’ve spent a lot of time at The Monkey Cage and Mischiefs of Faction. I’ll be adding them to the blogroll when classes end and I have more time for blog maintenance. But in the meantime, these should be bookmarked and checked frequently.
I’ll be posting a new draft of my paper, “Political Dysfunction and Constitutional Change,” soon.
Election Lawyers Among National Law Journal’s 100 Most Influential Lawyers
Bob Bauer, Jim Bopp, Ben Ginsberg and I are included in National Law Journal’s list of the 100 Most Influential Lawyers in America. I’m honored to be included.
“Money for Military, Not Poli Sci”
Inside Higher Ed: “he Senate voted Wednesday to bar the use of National Science Foundation funds for political science research not deemed essential to national security or economic interest. Lawmakers also voted to protect military tuition assistance programs from budget cuts, ensuring that tuition dollars for active-duty members of the military will continue to flow.”
More from the Chronicle of Higher Education and Dan Drezner.
Michael McDonald: “Obama SOTU: American elections, let’s fix that. Senate Dems: let’s keep it broken by cutting NSF funding on ways to fix that.”
Persily from Columbia to Stanford Law
Big, big news in the election law world. Nate Persily, one of the country’s leading election law experts, is coming West (hooray!) to Stanford Law. Great news for Nate, and even better news for Stanford! Selfishly, having Nate closer means we’ll be able to do more West Coast election law events (especially with Bruce Cain also going to Stanford next year).
UPDATE: Press release.
“Legal Journalist Andrew Cohen Joins Brennan Center as New Fellow”
Press release: “The Brennan Center for Justice at NYU School of Law is pleased to welcome as a new Fellow Andrew Cohen, a Murrow Award-winning journalist and one of the nation’s leading legal analysts. Today, Cohen wrote a column for the Center’s website on this week’s Voting Rights Act case, Shelby County v. Holder, arguing Section 5 is still needed to combat racial discrimination in voting.”
“Ballot Barristers: Inside The Select World Of New York City Election Attorneys”
Mimi Marziani Named Executive Director of Why Tuesday?
“Politico’s Dave Levinthal joins Center for Public Integrity”
Great news for CPI, which has been doing great work on campaign disclosure issues.
Ryan Reilly to HuffPo
TPM’s Ryan Reilly, one of the very best people on the voting wars beat, is moving to the Huffington Post. What a coup for HuffPo!
Ryan’s work is indispensable in this area.
“‘Black America’s Law Firm’ Looks To Big Cases With New Leadership”
NPR’s Carrie Johnson: “The NAACP Legal Defense Fund has been called the law firm for black America. Once run by Thurgood Marshall, the group played a major role in desegregating public schools and fighting restrictions at the ballot box. Now, the Legal Defense Fund is preparing for a new leader — just as the Supreme Court considers cases that could pare back on those gains.”
“WSU Names Jocelyn Benson Interim Dean of Law School”
“Rural Law Firm Shields $262 Million in Secret Donations”
Bloomberg: “About 50 miles west of Washington, in a newly developed zone between the roadside farm stands and the shops that line the Victorian Main Street of tiny Warrenton, Virginia, sits a brick office building that’s emerged as a nexus of Republican secret money and power. The building houses the law firm of Holtzman Vogel Josefiak PLLC, a boutique outfit that specializes in advising organizations that want to participate in the electoral process without disclosing who’s paying their bills.”
“Dick Armey, FreedomWorks president clashed over book deal”
“Exclusive: Dick Armey Quits Tea Party Group in Split Over Direction”
“Numbers whiz becomes one-man election clearinghouse”
LA Times: “For most Americans, interest in the results of the 2012 presidential campaign ended somewhere around the first election night projections for President Obama and the brief, stunned concession speech delivered by a gobsmacked Mitt Romney. But for a small group of obsessives, the political equivalent of those who devour box scores for breakfast, a fascinating and welcome service has come from David Wasserman, a youthful and whip-smart campaign analyst with the Cook Political Report, who has become a one-man clearinghouse for presidential tabulations across the country.”
“Democratic Lawyer/Obama Advisor Bob Bauer to Teach at NYU”
“Professor Sherrilyn Ifill to Become the President and Director-Counsel of the NAACP Legal Defense and Education Fund, Inc.”
Great news for the LDF. I was so impressed with Ifill’s moderation of a panel at the recent GW election law symposium.
I think we’ll also end up seeing the LDF in lots of election-related litigation going forward.
“Goldfeder’s Election Arcana”
This item appears in Crain’s New York Business.
“And the Winner Is….Election Lawyers”
“Campaign lawyers are girding their loins”
This article presumably appears behind the National Law Journal paywall.
“Ohio county elections director resigns, citing stress of coming presidential election”
AP reports. Here’s a sentence which would be remarkable in most mature democracies but is glossed over here: “He is a Republican so the county Republican Party in the key presidential battleground state will recommend his successor.”
“The Guardian Interview with Paul S. Ryan Senior Counsel, Campaign Legal Center”
Slate Takes a Close Look at Jim Bopp and the Tax Status of the Madison Center
This piece is much more temperate than then earlier attacks on Jim from Common Cause and others. It seems to raise some reasonable questions under the tax code, but it is far from my area of expertise so it is really hard for me to know.
Sutton Law Firm Makes Hertz, Mainardi Partners
“Military service inspired by 9/11 puts couple on unlikely path”
Detroit News: “Jocelyn Benson — expert on election law, former Democratic candidate for Secretary of State, marathoner, law professor, author — has always been driven by goals and the belief that she can meet them. She is also a military wife who waits for the phone to ring every day, for a call that may last only seconds.”
“High Above Tampa, Foley & Lardner Honors Election Lawyer Mitchell”
BLT reports.
“The Tea Party’s Enemy No. 1; Benjamin Ginsberg, Bush’s lawyer in the 2000 recount, has orchestrated a major power grab for Romney”
The Tablet reports.
“Election Lawyers Pocket $10 Million From Obama & Romney”
Bloomberg reports.
“How Co-Publishing Helped Spread News21 Investigation into Voter Fraud”
Interesting: Ohio Hires Wiley Rein to Defend in Military Voting Case
Columbus Dispatch: “William Consovoy, an attorney representing Secretary of State Jon Husted, noted, for example, that military members get their absentee ballots earlier than the rest of Ohioans.”
Consovoy is an accomplished appellate practitioner at Wiley, Rein. I have not seen Ohio use outside counsel like this, though Texas and South Carolina have in recent high profile election cases (both hiring Paul Clement). Are there other examples?
“News21 and the New Generation of Journalist Election Geeks”
Retired Judge Scotland Joins Nielsen Merksamer “Of Counsel”
Press release: “Arthur G. Scotland, former Presiding Justice of the Court of Appeal, Third Appellate District, has joined Nielsen Merksamer Parrinello Gross & Leoni LLP as ‘Of Counsel’ effective August 8, 2012. Scotland, who retired from the bench in 2010 after serving on the Court of Appeal for 23 years, will be a member of the firm’s government law section, but will be available to assist the litigation and political law sections of the firm.”
Great get for Nielsen Merksamer!
“Center for Competitive Politics Expands Litigation Team”
See this release.
Big Election Law Scholar News: Cain to Stanford
Bruce Cain, of the UC Berkeley Political Science Department and the UCDC Center, is moving to Stanford in 2013. He is the director designate for the Bill Lane Center for the American West and in the political science department at Stanford. He will be at visitor at NYU’s Straus Center in the upcoming year.
What a coup for Stanford, and what a loss for UC. Good luck Bruce!
“Lawyers Raking in Cash as Campaign Spending Hits Records”
The second article in the Bloomberg series, on “Making Millionaires” in the 2012 election.
“Q&A: Jerry Goldfeder”
This item appears in the NY Law Journal.
Election Law Academics Update
Here’s my yearly roundup of election law academic hires, promotions moves, visits, accolades.
Micah Altman joined MIT Libraries as Director of Research.
Guy Charles (Duke) was named the Charles S. Rhyne Professor of Law.
Chris Elmendorf decided to remain at UC Davis after getting a lateral offer from UC Hastings.
Jim Gardner (Buffalo) will be at McGill University in Montreal on a Fulbright in the fall and in the spring he will be visiting at Florida State,
Jerry Goldfeder will be teaching Election Law and the Presidency at Fordham Law School in the Fall and Election Law at Univ. of Pennsylvania in Spring 2013.
Christian Grose (USC) was promoted to Associate Professor of Political Science (with tenure).
Justin Levitt (Loyola L.A.) will be visiting in the spring at Yale.
Mike Pitts (Indiana-Indianapolis) was awarded tenure and full professor by Indiana University (with unanimous votes from both the law faculty and campus committees).
James Sample (Hofstra) was named professor of the year by the graduating class and gave this commencement speech.
Nick Stephanopoulos accepted an entry level offer from the University of Chicago Law School.
Ciara Torres-Spelliscy (Stetson) has been selected to be a member of the Board of Directors of the National Institute on Money in State Politics, which is responsible for www.followthemoney.org.
Jim Tucker will be teaching voting rights and election law beginning in the Fall as an adjunct at UNLV.
Congratulations all!
Brennan Center Elections Attorney Monica Youn — Also a Poet
“For Election Geeks of All Political Stripes”
Nice shoutout about ELB from NCSL, which cautions that not everyone will agree with “Hasen’s slant.” As my inbox can attest!
“MacArthur Grants to Support Campaign Finance Research, Information Sharing, and Efforts to Improve Elections Process”
Must be some happy people in the campaign finance reform world today.
Super Lobbyist Nick Allard to Become Brooklyn Law School Dean
Congratulations Nick!
“Romney’s road to nomination paved by dedicated delegate counter”
WaPo offers this profile of Katie Biber Chen. See also this brief GQ profile in which I am quoted on the importance of Biber’s work for Romney.
Sad News: The NAACP LDF’s John Payton Has Passed Away
A leading lawyer in the civil rights and voting rights world.

