Category Archives: ELB Podcast

ELB Podcast 6:3: From Nov. 5 to Jan. 6: Are We Prepared for a Fair and Safe Election? (Ginsberg, Diamond, Kleinfeld, Tolson)

Season 6, Episode 3 of the ELB Podcast:

What are the risks to a peaceful transition of power once all the votes have been cast?

What can we learn from history and from other democracies about our moment of democratic peril?

How worried should we be about the risks of political violence?

On Season 6, Episode 3 of the ELB Podcast we speak with Republican election lawyer Ben Ginsberg, the Hoover Institution’s Larry Diamond, the Carnegie Endowment’s Rachel Kleinfeld, and USC law dean Franita Tolson.

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ELB 6:2 The United States Electoral College and Fair Elections (Fishkin, Hollis-Brusky, Muller)

Welcome to Season 6, Episode 2 of the ELB Podcast:

Why do we have the Electoral College and is its use justified today?

Why do Democrats and Republicans think differently about the Electoral College?

Does the Electoral College make it harder or easier to subvert American elections?

On Season 6, Episode 2 of the ELB Podcast we speak with Joey Fishkin of UCLA Law, Amanda Hollis-Brusky of Pomona College, and Derek Muller of Notre Dame Law School.

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(There may be some technical difficulties with accessing the podcast right now on Spotify).

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ELB Podcast 6:1: Democracy and the Risks to the 2024 Elections (Aden, Fortier, & Roth)

We are back with a new season of the ELB Podcast:

Season 6, Episode 1 of the ELB Podcast:

How prepared are we for a peaceful transition of power in 2024 in light of what we witnessed in the 2020 elections?

What hurdles stand before minority voters in the upcoming elections?

How has the social media and information environment affecting elections shifted since 2020?

On today’s episode we speak with Leah Aden, of the NAACP Legal Defense and Education Fund, John Fortier, of the American Enterprise Institute, and Yoel Roth of The Match Group.

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ELB Podcast 5:8: Renee DiResta: Invisible Rulers and the 2024 Elections

Season 5 Finale of the ELB Podcast:

What’s the difference between how Americans communicated about politics and policies 20 or 30 years ago and how we do it today?

What are the most effective ways to combat disinformation in elections and otherwise?

Are the platforms and the rest of us ready for election-related threats in 2024?

On the season finale of Season 5 of the ELB Podcast, we speak with Renee DiResta, author of the new book, Invisible Rulers.

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ELB 5:7: Rick Pildes: The Two Ricks Discuss the Trump Immunity and Hush Money Cases

New ELB Podcast:

How should we understand the Supreme Court’s questions in the Trump immunity case?

Will the Court let  Donald Trump go to trial for 2020 election interference based just on his acts as a candidate and not as President?

Are the legal theories advanced in Donald Trump’s hush money case in New York legally sound?

On Season 5, Episode 7 of the ELB Podcast, a conversation about the latest Trump cases between Rick Pildes and Rick Hasen.

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ELB Podcast 5:6: Rick Hasen and Erwin Chemerinsky: A Real Right to Vote

New ELB Podcast:

Why doesn’t the U.S. Constitution contain an affirmative right to vote?

Can constitutional reform promote political equality, defuse the voting wars, and thwart election subversion?

How can we get a constitutional right to vote, if we can’t even get normal voting rights legislation passed in Congress?

On Season 5, Episode 6 of the ELB Podcast, I am in conversation with Erwin Chemerinsky about my new book, “A Real Right to Vote.”

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ELB Podcast 5:5: Steve Vladeck: Trump, the Supreme Court and the Shadow Docket

New ELB Podcast:

What are the costs for democracy when the Supreme Court decides cases on the “shadow docket?”

Is the Purcell Principle a license for states to act illegally in running elections?

What is going to happen with the Trump disqualification case at the Supreme Court?

On Season 5, Episode 5 of the ELB Podcast, we speak with Steve Vladeck, author of the book, The Shadow Docket.

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ELB Podcast 5:4: Ian Bassin & Jess Marsden: Protecting Democracy in 2024…and 2025

New ELB Podcast:

Has the United States done enough to minimize the risk of election subversion in 2024?

How might problems in Congress affect a fair tallying of electoral college votes on January 6, 2025?

How much danger of authoritarian rule does the U.S. face going forward?

On Season 5, Episode 4 of the ELB Podcast, we speak with Ian Bassin and Jess Marsden of Protect Democracy.

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ELB Podcast 5:3: The Trump Prosecutions, the First Amendment, and Election Interference (Genevieve Lakier and Eugene Volokh)

New ELB Podcast:

Do gag orders against presidential candidate Donald Trump in his civil or criminal trials violate the First Amendment?

What should we make of Trump’s claims that his actions to overturn the results of the 2020 elections are protected free speech?

How should we assess the dangers of government “jawboning” of social media platforms to remove objectionable conduct?

On Season 5, Episode 3 of the ELB Podcast, we delve into these issues with First Amendment experts Genevieve Lakier and Eugene Volokh.

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ELB Podcast 5:2: The Roberts Court and American Democracy (Joan Biskupic)

New ELB Podcast:

Is the Roberts Court shifting on its protection of voting rights?

How has the addition of three Trump-appointed Justices changed the nature of the Supreme Court?

Should we expect a new ethics code for Supreme Court Justices?

On Season 5, Episode 2 of the ELB Podcast, we speak with Joan Biskupic, CNN’s senior supreme court analyst and author of the new book, Nine Black Robes.

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ELB Podcast 5:1: The Trump Indictments, the 2024 Elections, and the Public Peace (Ginsberg, Ben-Ghiat, and Kleinfeld)

New ELB Podcast:

Will the multiple indictments and expected trials of former President Donald Trump lead to violence or unrest?

Are the risks of political violence in the U.S. increasing or decreasing?

What can the United States learn from other countries that reversed democratic backsliding?

On Season 5, Episode 1 of the ELB podcast, we have a roundtable with Ben Ginsberg, Ruth Ben-Ghiat, and Rachel Kleinfeld.

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ELB Podcast 4:10: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper

New ELB Podcast (the Season 4 Finale!):

What are the implications of the Supreme Court’s decision in Moore v. Harper for American democracy?

What will the case mean for 2024 election challenges?

Does the decision shut down attempts to submit slates of fake electors and subvert presidential elections?

On the Season 4 finale of the ELB podcast, a voting rights roundtable with Derek Muller, Carolyn Shapiro, Bertrall Ross, and Rick Pildes.

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ELB Podcast 4:9: Charles, Katz, Pildes: The Future of the Voting Rights Act after Milligan

New ELB Podcast:

Why did two conservative justices on the Supreme Court join the Court’s liberals to save section 2 of the Voting Rights Act in Allen v. Milligan?

Will voting rights plaintiffs see more success in Section 2 cases in other states including Louisiana, Georgia, and Texas?

What are the political implications of the Court siding with minority plaintiffs in Milligan?

On Season 4, Episode 9 of the ELB Podcast, we have a voting rights roundtable with Professors Guy Charles, Ellen Katz, and Rick Pildes.

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ELB Podcast 4:8: Mary Ziegler: Dollars for Life: Money, Politics and Abortion

New ELB Podcast:

To what extent have abortion politics been the driver of campaign finance fights in the courts?

How much of a force has anti-abortion lawyer Jim Bopp been in the campaign finance cases?

Are new efforts to make it harder to pass abortion initiatives going to change voters’ access to direct democracy?

On Season 4, Episode 8 of the ELB Podcast, we speak with law professor and historian Mary Ziegler, author of the new book, Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment.

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