My Scholarly Articles 2004-2007

More blog cleaning up. Older articles listed below the fold.

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

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