All posts by Rick Hasen
“Kenneth Chesebro and the Ethics of Election Subversion”
Sung Hui Kim has posted this draft on SSRN. Here is the abstract:
This Article examines the role of attorney Kenneth Chesebro in orchestrating the “fake electors plot” following the 2020 U.S. presidential election. It traces Chesebro’s transformation from a… Continue reading
North Dakota Legislative Council’s Bizarre Understanding of Redistricting Ruling May Have Led to Justice Kavanaugh’s Administrative Stay in Eighth Amendment Voting Rights Act (Private Right of Action) Case
As I noted a few days ago, Justice Kavanaugh put on hold via an administrative stay an Eighth Circuit case concerning whether private plaintiffs have the right to sue to enforce Section 2 of the Voting Rights Act. The answer… Continue reading
Watch Archived Video of UCLA Hammer/Safeguarding Democracy Project Supreme Court Term in Review Event with Cary Franklin, Jennifer Chacon, Justin Levitt, and Eugene Volokh (with Hasen Moderating)
You can watch on Youtube. A fascinating and deep discussion:
Tribes Ask Supreme Court to Put on Hold Eighth Circuit Ruling Holding that Private Plaintiffs Cannot Sue to Enforce Key Part of Voting Rights Act
Here is the petition. Justice Kavanaugh has set July 22 for a response from North Dakota.
Free 2025 Supplement To Laycock & Hasen, Modern American Remedies (6th edition and Concise 6th Edition 2025) Now Available
Even though the 6th edition of Laycock & Hasen, Modern American Remedies (2025) just published last month, we have prepared a free 2025 supplement. The supplement includes an edited version of a new principal case, Trump v. CASA, Inc., on… Continue reading
Two Events Commemorating the 50th Anniversary of Section 203 (the Language Provisions) of the Voting Rights Act
Announcement via email:
The ACLU SoCal, ALC, CA Common Cause, and PANA are excited to share that registration is now open for “More Voices, Stronger Democracy: The 50th Anniversary of Section 203,” a statewide summit on language access and voting… Continue reading
Taking Torts This Fall? The New 5th Edition of My Study Aid, Glannon Guide to Torts, Is Now Available
Many schools make the book available for free through a library subscription.
About the new 5th edition:
Material on the new tort of purposeful infliction of bodily harm and discussions on intentional infliction of emotional distress
Updated discussions on remedies,… Continue reading
Major Supreme Court Campaign Finance Case, NRSC, Likely to Be Heard By Supreme Court at Its December Sitting
See this letter from the court-appointed amicus.
Second Circuit Unanimously Reverses Conviction in Mackey (“Ricky Vaughn”) Case, Finding Insufficient Evidence of a Conspiracy to Deprive People of Their Right to Vote By Tricking Them into Voting By Text
You can find the court’s opinion at this link. The sole basis for the reversal was lack of sufficient evidence that defendant Mackey had conspired with others to deprive people of their right to vote.
The Court did not address… Continue reading
“Pay the Voter: A Legal, Economic, and Policy Analysis of Financially Incentivizing Political Participation”
Andrew Albright has published this student note in the California Law Review. Here is the abstract:
This Note explores the idea of paying Americans to cast their ballots as a mechanism to increase electoral participation among lower income voters and… Continue reading
Heather Gerken Retires from the ELB Masthead as She Moves to Head Ford Foundation with a Focus on Protecting Democracy
Last week Rick Pildes covered the exciting news that Heather Gerken is going to head the Ford Foundation, after a successful stint as Yale Law School dean. And even better, as the NYT headline puts it, Ford Foundation’s New Leader … Continue reading
Trump Administration Wants to Enter into a Consent Decree that Would Allow Churches and Other Religious Organizations to Get More Directly Involved in Electoral Politics Despite the “Johnson Amendment”
In the lawsuit raising constitutional objections to limits on religious nonprofits being involved in endorsing candidates and doing other election related activities, a proposed joint consent decree, in which plaintiffs and the federal government would agree to what would… Continue reading
“Gov. DeSantis signs measure putting FSU Election Law Center into statute”
Florida Politics:
Florida State University’s Election Law Center now has a place in state statute, even if it didn’t receive full funding.
Gov. Ron DeSantis has signed legislation (SB 892) formally establishing the Center, which has existed since 2023 at… Continue reading