Blogging will be light through New Year’s–-regular ELB News and Commentary mailings for Election Law listserv members will resume on January 3.
Once again it has been a busy year for the Election Law Blog and, with all the surprises of 2016, who knows what 2017 will bring? I certainly didn’t expect to be covering so much on the Constitution’s Foreign Emoluments Clause of all things.
I was honored that the Election Law Blog remains in the ABA Journal‘s “Blawg 100” Hall of Fame.
2016 saw the publication of my new book, Plutocrats United. I had great discussions on a book tour in the winter and spring.
I have a number of projects in the works for 2017, and if all goes very well, I hope a new book will appear in the upcoming year.
In addition, the 6th edition of the Election Law casebook (with Lowenstein, Tokaji, and Stephanopoulos) will be out for the fall, as will the 4th edition of my Remedies: Examples and Explanations book.
I wish all my readers a safe, healthy, and happy 2017.
Below the fold you’ll find a list of articles and opeds that I’ve published (or that were released in draft) in 2016. I have also listed this year’s ELB podcasts. Thanks for reading (and listening)!
Forthcoming Publications, Recent Articles, and Working Papers
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)
Recent Commentaries and Op-Eds
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
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
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
Listen at SoundCloudEpisodes
# 1 Ari Berman
# 2 Floyd Abrams
# 3 Larry Lessig
# 4 Bruce Cain and critics
# 5 Nina Perales
# 6 Nate Persily
# 7 Ellen Weintraub
# 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