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“The Future of the Voting Rights Act”

Posted on February 1, 2013 3:11 pm by Rick Hasen

Heather Gerken blogs about the Reuters symposium.

Posted in Supreme Court, Voting Rights Act permalink

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Books by Rick

The Justice of Contradictions: Antonin Scalia and the Politics of Disruption (forthcoming Yale University Press 2016)

Election Law--Cases and Materials (6th edition 2017) (with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)

Remedies: Examples & Explanations (Aspen Publishers, 4th ed. 2017)

Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections (Yale University Press 2016)

Now Available: ORDER FROM AMAZON

"Heroin for political addicts." -- Tom Edsall

Reviews:
Washington Post
Huffington Post
Vox (Lee Drutman)
Washington Monthly

Interviews
Concurring Opinions Part 1 with Ron Collins; Part II
SCOTUSBlog/GoverningWorks

The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (Aspen Publishers 3d ed. 2016)

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations (Aspen Publishers, 2014)

Order from Publisher
Order from Amazon
Correlation Table
Table of Contents
Index

The Voting Wars: From Florida 2000 to the Next Election Meltdown (Yale University Press, 2012)

The Voting Wars Website

NOW IN PAPERBACK from
Amazon
Barnes and Noble

The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003)

Book introduction
Table of Contents
Order from Amazon.com
Order from BarnesandNoble.com
Journal of Legislation Symposium on book

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Episodes
# 1 Ari Berman
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# 3 Larry Lessig
# 4 Bruce Cain and critics
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# 8 Pam Karlan
#9 Ben Ginsberg
# 10 Janai Nelson
# 11 Lee Goodman
# 12 Tom Mann and Norm Ornstein
# 13 Thomas Hicks & Matthew Masterson
#14 Erwin Chemerinsky
# 15 Ned Foley
# 16 Bob Bauer
# 17 Josh Chafetz
#18 Eric McGhee and Nick Stephanopoulos

Election Law Resources

Election Law--Cases and Materials (6th edition 2017) (with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)
Election Law Journal
Election Law Listserv homepage
2017 Election Law Teacher Database
Top Ten Law Faculty in Election Law by Scholarly Impact, 2010-2014 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
Excess of Democracy (Derek Muller)
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)
Mischiefs of Faction
The Monkey Cage
More Soft Money Hard Law (Bob Bauer
New York Election News
Political Activity Law
Political Wire
Politico
Prawfsblawg
Roll Call
Slate Politics
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 Commentaries and Op-Eds

Don’t Let Our Democracy Collapse, New York Times (Sunday Review), July 15, 2011

Trump’s Voter Fraud Endgame, Slate, June 30, 2017

The Supreme Court is in No Hurry to Protect Voters from Gerrymandering, Washington Post (Post Everything), June 28, 2017

Gorsuch is the New Scalia, Just Like Trump Promised, Los Angeles Times, June 27, 2017

Justice Kennedy’s Beauty Pageant, The Atlantic, June 19, 2017

Commentary: Dunlap badly mistaken in agreeing to serve on Trump voter fraud panel, Portland Press-Herald, May 24, 2017

The Supreme Court may just have given voting rights activists a powerful new tool, Washington Post, May 22, 2017

In the future, John Roberts could be the Supreme Court's swing vote, Los Angeles Times, April 10, 2017

How States Could Force Trump to Release His Tax Returns, Politico Magazine, March 30, 2017

Does the First Amendment Protect Trump's Travel Ban?, Slate, March 20, 2017

Why Gorsuch Could Lead Court in Wrong Direction, CNN, March 1, 2017

There’s a Simple Step North Carolina’s New Governor Could Take to Strengthen Voting Rights, Slate, February 2, 2017

Trump’s Voting Investigation Is a Great Idea; As long as it looks like this, Slate, January 22, 2017

Donald’s Trumped Up Nevada Lawsuit Is a Fitting End to a Hateful Campaign, Slate, November 8, 2016

What an Election Expert Worries About on Election Day, Los Angeles Times, November 8, 2016

A supremely important choice: The court hangs in the balance, for Democrats, too, New York Daily News, November 7, 2016

Not Intimidated: A court has gotten the Trump campaign on the record promising not to intimidate voters on Election Day. That is huge, Slate, November 3, 2016

Trumped-Up Fears of ‘Rigged’ Elections–and How Responses Could Disenfranchise Voters, Wall Street Journal Washington Wire, October 18, 2016

Hurricane Matthew Could Have Devastating Consequences for the Election, Slate, October 6, 2016

Voting for Change: The Supreme Court’s Election Law Cases After Scalia, OC Lawyer, October 2016

Kids, Be Careful Who You Vote For, USA Today, Sept. 20, 2016

Even Trump and Clinton Need Big-Money Donors, USA Today, August 24, 2016

If You're Worried About Rigged Elections, Look at Trump's Tactics First, Los Angeles Times, August 16, 2016

Republicans Are Not Attacking Democracy, The Atlantic, August 8, 2016

What If Trump Drops Out?, Los Angeles Times, August 4, 2016

Turning the Tide on Voting Rights, New York Times, August 2, 2016

The Voting Rights Act May Get Some Teeth Back, Slate, July 21, 2016

The Real Reason Why Judges Should Keep Quiet About Elections, Slate, July 19, 2016 (with Dahlia Lithwick)

Ruth Bader Ginsburg's Slam of Trump Does the Nation No Favors, Reuters Opinion, July 13, 2016

Could Lack of Money Be Trump's Downfall?, CNN Opinion, June 21, 2016

Campaign-Finance Law, the State of Nature, and the Nirvana Fallacy, Library of Law and Liberty, June 7, 2016

Will Democrats Try to Beat Trump by Discouraging Conservative Voters?, Talking Points Memo, May 23, 2016

Bob McDonnell Ruling Will Not Legalize Corruption, National Law Journal, May 12, 2016

The Supreme Court’s Next Big Fight Over Money in Politics, The Atlantic, May 7, 2016

Sanders Calls Clinton’s Fundraising ‘Obscene,’ But It is More Nuanced—Influence Isn’t Corruption, Los Angeles Times, April 25, 2016

Campaign Finance’s Creeping Deregulation, RegBlog, April 20, 2016

Is Trump Right About ‘Rigged” Election?, CNN Opinion, April 15, 2016

Corporations May Be Progressive, But That Still Doesn't Make Them People, Reuters Opinion, April 6, 2016

Garland is No Sure Bet on Overturning Citizens United, Los Angeles Daily Journal, March 21, 2016

The Hard Power of 'Soft' Voter-ID Laws, The Atlantic, March 14, 2016

Appoint a Few More Scalias, Kiss Democracy Goodbye, Reuters Opinion, February 22, 2016

The Battle Over Replacing Justice Scalia is Just the Start of a War Over the Supreme Court, Washington Post, WonkBlog, February 15, 2016

How Scalia’s Death Could Shake Up Campaign Finance; It might be the opening reformers have been waiting for, Politico, February 14, 2016

Karl Rove’s Crossroads GPS manages to make it even harder to find the dark money in U.S. politic, Los Angeles Times, February 11, 2016

Loosening money’s grip on elections: How to change the billionaire-dominated campaign finance landscape, 40 years after Buckley vs. Valeo, NY Daily News, January 30, 2016

Radically Revise Campaign Laws to Give People, Not Billionaires, a Voice, New York Times Room for Debate, January 26, 2016

Ted Cruz is Fit for Office, at Least Under the Constitution, National Law Journal, January 25 2016

Money Can't Buy Jeb Bush the White House, But It Still Skews Politics, Washington Post, January 14, 2016

How to End American Plutocracy, NY Daily News, Jan. 12, 2016

Do We Need a Constitutional Convention on Campaign Finance?, LA Times, Jan. 5, 2016

Bush v. Gore in 2000: Partisans still in charge, Orlando Sentinel, Dec. 11, 2015

Justices will get no satisfaction with a new ‘one person, one vote’ rule, Los Angeles Times, Dec. 8, 2015

Justice Kennedy Heed Justice Kennedy: Money Buys Influence, National Law Journal, Oct. 30, 2015

When it comes to election law, red America and blue America are not at all alike, Los Angeles Times, Nov. 13, 2015

Why The Most Urgent Civil Rights Cause Of Our Time Is The Supreme Court Itself, Talking Points Memo, Sept. 28, 2015

Supreme Court Heads Back into the Political Thicket, Orange County Lawyer, Sept. 2015

Texas Two-Steps All Over Voting Rights; It says it can make voting as difficult as it wants to, and any law that says otherwise is unconstitutional, Slate, Sept. 2, 2015

Why the Selfie is a Threat to Democracy, Reuters Opinion, Aug. 18, 2015

The McCain-Feingold Law May Doom Itself, National Law Journal, Aug. 16, 2015

Congress Has the Power to Improve Elections, NY Times Room for Debate, Aug. 5, 2015

How to Save the Voting Rights Act, Slate, Aug. 4, 2015

The Voting Rights Act at a Crossroads, National Constitution Center Constitution Daily, Aug. 4, 2015

This is Why the Voting Rights Act is on Trial in North Carolina, Washington Post Monkey Cage Blog, Jul. 31, 2015

Ideology, Partisanship, and the New One Person, One Vote Case, SCOTUSBlog, Jul. 31, 2015

A Court of One: Anthony Kennedy, LA Times, Jun. 30, 2015

Is Hillary Clinton Dooming Real Election Reform?, Slate, Jun. 8, 2015

Only Voters Count? Conservatives ask the Supreme Court to restrict states’ rights and overturn precedent, Slate, May 26, 2015

From Supreme Court, a mixed blessing on campaign finance limits, L.A. Times, Apr. 30, 2015

Jeb the Destroyer: Jeb Bush is tearing down what little campaign finance law we have left, Slate, Apr. 22, 2015

Hillary Clinton’s Bad Campaign Finance Ideas; She’s right that money in politics is a problem. But suggesting a constitutional amendment is foolish, Slate, Apr. 16, 2015

Why 'Selma is Now', Moyers and Co., Mar. 5, 2015

Read more opeds from 2006-2009, these from 2010-2011, these from 2012-2013, and these from 2014.

Forthcoming Publications, Recent Articles, and Working Papers

Cheap Speech and What It Has Done (to American Democracy), First Amendment Law Review (forthcoming 2018) (draft available)

The 2016 U.S. Voting Wars: From Bad to Worse, William and Mary Bill of Rights Journal (forthcoming 2018) (draft available)

Resurrection: Cooper v. Harris and the Transformation of Racial Gerrymandering into a Voting Rights Tool, ACS Supreme Court Review (forthcoming 2017) (draft available)

Essay: Race or Party, Race as Party, or Party All the Time: Three Uneasy Approaches to Conjoined Polarization in Redistricting and Voting Cases, William and Mary Law Review (forthcoming 2018) (draft available)

After Scalia: The Future of United States Election Law, America-Ho (in Japanese, forthcoming 2016)

Softening Voter ID Laws Through Litigation: Is it Enough?, 2016 Wisconsin Law Review Forward 100 (2016)

Election Law’s Path in the Roberts Court’s First Decade: A Sharp Right Turn But with Speed Bumps and Surprising Twists, 68 Stanford Law Review 1597 (2016)

Reining in the Purcell Principle, 43 Florida State University Law Review 427 (2016) )

Celebrity Justice: Supreme Court Edition, 19 Green Bag 2d 157 (Winter 2016)

Racial Gerrymandering's Questionable Revival, 67 Alabama Law Review 365 (2015) )

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 (2015)

Democracy for GrownUps, New Rambler, Nov. 9, 2015

Why Isn’t Congress More Corrupt? A Preliminary Inquiry, 84 Fordham Law Review 429 (2015)

Response: Conscious Congressional Overriding of the Supreme Court, Gridlock, and Partisan Politics, 93 Texas Law Review See Also 263 (2015) (with Jim Buatti)

Articles 2004-2007
Articles 2007-2010
Articles from 2011-2012
Articles from 2013-2014

About Rick Hasen

Rick Hasen's home page at UC Irvine School of Law

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

I am consulting in Nevada Ethics Commission v. Carrigan

I am one of the lawyers for the City of San Diego in the Thalheimer campaign contributions challenge

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

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