Politico: It’s the Elon Musk paradox. On X, he’s a noble gladiator with a mission direct from President Donald Trump. He brags at length about using his “Department of Government Efficiency” to dismantle federal bureaucracies, cancel taxpayer-funded programs and transform… Continue reading

I have posted this new article at SSRN. Here is the abstract: Few Americans are happy with the state of American democracy. Our political institutions appear dysfunctional and our political culture more generally has become increasingly toxic and tribalistic.  To… Continue reading

This 60-minutes segment on how Germany criminalizes offensive speech on the internet is worth a view:

Trevor Morrison and I have published this essay in the NYT today on a question many people are asking. The NYT gave us a lot of space, given the importance of the issue, which makes excerpting the piece difficult. Here… Continue reading

This recent polling data will come as a surprise to many. Like many of the “new right” parties in Europe, the AfD began as an anti-immigration party. Its support began to rise in direct response to Angela Merkel’s decision in… Continue reading

As part of its mini-series of episodes previewing the symposium on Nick Stephanopoulos’s book Aligning Election Law, the Law & Democracy podcast invited Rick Pildes, who will be participating in the symposium, to provide some preliminary thoughts on Nick’s book… Continue reading

Over at Common Ground Democracy, I’ve posted “The Senate Has Surrendered Its Constitutional Responsibilities,” explaining that the existing electoral system has caused the Senate to fail in its constitutional role of thwarting presidential despotism and “electoral reform can… Continue reading

The Ohio State Law Journal is hosting a symposium focused on Nick Stephanopoulos’s important new book Aligning Election Law. It’s next Friday, February 21. It’s got a great lineup of presenters, including Nick’s keynote and follow-up conversation with my Ohio… Continue reading

Axios: Since President Trump began his political career in 2015, the number of media and defamation lawsuits involving him or his businesses as either the plaintiff or defendant quadrupled compared to the prior three decades, according to an Axios analysis… Continue reading

Harvard Law School held a discussion between me and Ruth Greenwood about my new book, “Aligning Election Law.” Here are some excerpts from Harvard Law Today’s writeup about the event. “The incredible evidence here … is that most voters are… Continue reading

The latest episode of the Law & Democracy podcast is a preview for the symposium that the Ohio State Law Journal is hosting to discuss Nick Stephanopoulos’s important new book Aligning Election Law. More details about the symposium will be… Continue reading

Michelle Schafer at Electionline: Local Election Officials (LEOs) are “stewards of democracy” who are positioned at the frontline of elections in the United States. They ensure fair, free, accessible, and secure elections. LEOs skillfully manage the new obstacles that come with… Continue reading

New from CAP: The Safeguard American Voter Eligibility (SAVE) Act has been reintroduced in the U.S. House of Representatives. This legislation would require all Americans to prove their citizenship status by presenting documentation—in person—when registering to vote or updating their… Continue reading

Nate Atkinson and Ezra Friedman have posted this paper on SSRN. Here’s the abstract: Should states retain plurality rule or adopt a different voting method? We study the class of sequential plurality procedures, covering all widely-used single-winner election methods… Continue reading