Category Archives: pedagogy

Top Recent Downloads in Election Law on SSRN

Here:

Recent Top Papers (60 days)

As of: 06 Aug 2021 – 05 Oct 2021

RankPaperDownloads
1.Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States
Richard L. Hasen
University of California, Irvine School of Law
Date Posted: 20 Sep 2021
Last Revised: 05 Oct 2021
3,266
2.Gerrylaundering
Robert Yablon
University of Wisconsin Law School
Date Posted: 26 Aug 2021
Last Revised: 08 Sep 2021
110
3.Electoral Votes Regularly Given
Derek T. Muller
University of Iowa – College of Law
Date Posted: 08 Jul 2021
Last Revised: 16 Sep 2021
91
4.Ostracism and Democracy
Alex Zhang
Yale Law School
Date Posted: 19 Aug 2021
Last Revised: 21 Aug 2021
81
5.Sex, Suffrage, and State Constitutional Law: Women’s Legal Right to Hold Public Office
Elizabeth D. Katz
Washington University in St. Louis – School of Law
Date Posted: 02 Aug 2021
Last Revised: 23 Sep 2021
70
6.Debunking the Non-Delegation Doctrine for State Regulation of Federal Elections
Mark Krass
Stanford Department of Political Science
Date Posted: 20 Aug 2021
Last Revised: 18 Sep 2021
56
7.Hyperpartisan Campaign Finance
Michael S. Kang
Northwestern Pritzker School of Law
Date Posted: 10 Aug 2021
Last Revised: 13 Sep 2021
55
8.Tournament Elections with Round-Robin Primaries: A Sports Analogy for Electoral Reform
Edward B. Foley
Ohio State University (OSU) – Michael E. Moritz College of Law
Date Posted: 22 Jul 2021
Last Revised: 30 Aug 2021
51
9.Election Laws Disproportionately Disadvantaging Racial Minorities, and the Futility of Trying to Solve Today’s Problems with Yesterday’s Never Very Good Tools
Gary J. Simson
Mercer University – Walter F. George School of LawCornell University – Law School
Date Posted: 19 Aug 2021
Last Revised: 19 Aug 2021
44
10.Money and Ideology: Evidence from Candidate Manifestos
Julia CageCaroline Le Pennec and Elisa Mougin
Sciences Po Paris Department of Economics, HEC Montreal, Department of applied economics and Sciences Po – Department of Economics
Date Posted: 02 Aug 2021
Last Revised: 03 Aug 2021
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For Instructors Teaching Election Law in the Spring: Election Law–Cases and Materials Ready for Preorder and For Classroom Use in January

The Seventh Edition of Lowenstein, Hasen, Tokaji, and Stephanapoulos, Election Law–Cases and Materials will be ready for use in time for Spring classes. I’m very excited about this new edition! Please reach out if you are an instructor and you will need early access to page proofs (which we are going through now). Here’s the book description:

The new student-friendly Seventh Edition of Election Law: Cases and Materials fully covers developments in election law through 2021, including extensive coverage of recent partisan and racial gerrymandering challenges; campaign finance cases in the Citizens United era; and challenges to new voter identification laws and other voting restrictions. It continues to include perspectives from law and political science, and it is appropriate in both law and political science courses. The extensive campaign finance coverage makes the book appropriate for a campaign finance seminar as well.

New material in this edition includes coverage of the Supreme Court’s most recent cases on the Voting Rights Act and vote denial (Brnovich), donor disclosure and the First Amendment (AFPF v. Bonta), campaign contributions (Thompson v. Hebdon), bribery (Kelly v. United States), and the Electoral College (Chiafalo v. Washington); discussion of controversies and litigation surrounding the 2020 election and COVID-19-related election administration changes; and a completely rewritten section on partisan gerrymandering, including an edited version of the Supreme Court’s June 2019 decision in Rucho v. Common Cause.

An updated teacher’s manual is coming as well. Thanks for your interest!

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Announcing the New Fair Elections and Free Speech Center at UCI Law

I’m delighted to share the news, scooped by Politico, that my UCI Law colleague David Kaye and I have started the Fair Elections and Free Speech Center at the law school. Why such a Center?

As I state in our opening press release, American democracy is under increasing strain, and the 2020 election exacerbated threats to the rule of law and to public confidence in fair elections. Much of that is thanks to the rise of social media. The new Center will look at what’s wrong, and what can be done, to strengthen democratic institutions in the U.S. and around the world.

And as David Kaye says, ““We are launching the Center at a moment when democratic participation is under attack not only in the United States but worldwide. In addition to a domestic focus rooted in the fundamentals of American law, we will bring a global perspective, using human rights norms to research and advocate for freedom of expression and public participation as central pillars of democratic societies.”

As we explain at the Center’s website:

Established in 2021 after the contentious 2020 U.S. Presidential elections, which culminated in the dangerous January 6, 2021 insurrection in the United States Capitol, the Fair Elections and Free Speech Center at UCI Law is unique in its focus among U.S. and global institutions. It is dedicated solely to advancing an understanding of, and offering means to counter, threats to the stability and legitimacy of democratic governments exacerbated by the unregulated growth of digital media and other technological changes in mass communication. The Center will facilitate deep scholarship on American law, politics, and democracy as well as on global norms and institutions.

We have assembled a world-class advisory board to help guide our mission, which is to strengthen democracy and the rule of law in the digital age both in the U.S. and around the world. I’m blown away by the folks who signed on to advise us.

And we are going to hit the ground running, with a series of free, virtual events, open to all in the fall. Among the most important events is a conference on Election Subversion, on Friday Sept. 24. Speakers include Georgia SOS Brad Raffensperger. Here’s the tentative agenda:

The Fair Elections and Free Speech Center will also have a three-part lunch series on challenges in global elections, beginning w a Sept. 1 event looking at disinformation in elections in Uganda, Israel, and the Netherlands.

will also have a three-part lunch series on disinformation in American elections. One panel features Michigan Secretary of State Jocelyn Benson and Orange County Registrar Neal Kelly. Others will feature social scientists and law profs.

I’m also excited to moderate a Fair Elections and Free Speech Center conversation on Sept. 9, Is the U.S. Constitution Up to the Task of Preserving American Democracy?, with Jack Balkin, Michele Goodwin, and Michael Klarman.

We have much bigger plans for the Center going forward, as we begin our building and fundraising efforts. David Kaye and I cannot thank former UCI Law Dean Song Richardson enough for her early leadership on this project, and the tremendous law school staff.

You can watch this video, in which David Kaye and I explain why we started the Fair Elections and Free Speech Center, and what we hope to do:

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2021 Supplement to Lowenstein, Hasen, Tokaji, and Stephanopoulos, Election Law–Cases and Materials, Now Available (Includes Brnovich and AFPF Edited Cases)

The 2021 Supplement to Lowenstein, Hasen, Tokaji, and Stephanopoulos, Election Law–Cases and Materials (6th ed. 2017) is now available for free download at this link: https://electionlawblog.org/wp-content/uploads/2021-election-law-supp-final.pdf.

The 2021 Supplement is up-to-date through the end of the Supreme Court’s October 2020 term ending July 2021. The new material includes coverage of the Supreme Court’s most recent cases on the Voting Rights Act and vote denial (Brnovich), donor disclosure and the First Amendment (AFPF v. Bonta), campaign contributions (Thompson v. Hebdon), bribery (Kelly v. United States), and the Electoral College (Chiafalo v. Washington); discussion of controversies and litigation surrounding the 2020 election, and COVID-19-related election litigation and election administration changes; and a completely rewritten section on partisan gerrymandering, including an edited version of the Supreme Court’s June 2019 decision in Rucho v. Common Cause. It also includes coverage of cases and developments concerning the census, partisan gerrymandering, voter purges, voter identification laws, political apparel at the polling place, campaign finance, bribery, and Voting Rights Act challenges to redistricting.

(The 7th edition of the casebook will be published by Carolina Academic Press in January 2022 in time for Winter/Spring 2022 courses.)

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Now Available: 2021 Teachers’ Update for Laycock & Hasen, Modern American Remedies (5th edition)

The 2021 Teachers’ Update to Laycock and Hasen, Modern American Remedies (5th edition) covers Supreme Court developments through the end of the October 2020 term, including cases touching on the standards for emergency injunctions, the rules for disgorgement, and nominal damages and mootness.  It also discusses current controversies such as disputes over presidential immunity, qualified immunity, universal or nationwide injunctions, and other interesting developments in the lower courts.

You can find and distribute the Teachers’ Update to the regular edition at this link.

You can find and distribute the Teachers’ update to the concise edition at this link.

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Third Edition of “Voting Rights and Election Law”

Announcement via email:

The third edition of Voting Rights and Election Law: Cases, Explanatory Notes, and Problems, by Michael Dimino, Brad Smith, and Michael Solimine, has just been printed and is available from Carolina Academic Press.  (ISBN 978-1-5310-1906-8)


Here is the publisher’s description, taken from the website:

Voting Rights and Election Law is a teachable, yet sophisticated, casebook that takes readers through the law of the political process, from the right to vote through the tabulation (and re-tabulation) of votes. Along the way, the book explores and explains the law of districting (including gerrymandering and the one-person, one-vote doctrine); the Voting Rights Act; ballot access and ballot design; free-speech rights of candidates, parties, and ordinary citizens; campaign finance; and the election administration.
This book presents the law of politics in a thorough but understandable way that approaches election law primarily as law rather than as an exercise in political theory.  Narrative introductions and notes clearly set forth and explain the law, and cases are edited to allow students to appreciate judicial reasoning by reading the courts’ own words. Compared to other casebooks in the field, Voting Rights and Election Law emphasizes the text of leading court opinions rather than commentary and competing political theories about elections and democracy. Students are, however, encouraged through notes and questions to examine and to question the empirical assumptions and theoretical premises behind the opinions, paying particular attention to the proper role for the courts in policing politics. Frequent problems give students and instructors an opportunity to examine how the principles of election law should be applied to realistic situations—reinforcing that election law is not merely a subject of historical or theoretical interest but one that shapes political outcomes year after year.


The third edition is the product of a comprehensive review, update, and streamlining of the second. The third edition presents more material more efficiently, and as a result the third edition is both more thorough in its coverage and clearer in its explanations, while being slightly shorter than the second edition. The book’s organization has been rethought and adjusted to make the presentation more effective.  The materials on the political-question doctrine have been revised to account for the increased attention that has been given to partisan gerrymanding and to the use of independent districting commissions. Material on congressional power to enact the original Voting Rights Act of 1965 has been moved from Chapter 1 to Chapter 3, where it joins the (slimmed-down) coverage of preclearance, which has declined in significance after Shelby County v. Holder.
The coverage of third parties and ballot access now joins the term-limits material to form a new Chapter 6 that fully considers states’ power to design, and to control access to, the ballot. The examination of the protection for anonymous speech has been combined with the materials on campaign-finance disclosure rules to form a new Chapter 9 that comprehensively considers the tradeoffs between disclosure and anonymity. The coverage of election administration has been thoroughly redesigned to cover all manner of election-day rules in a single chapter that includes examination of legal questions that have arisen as states have adjusted their election laws to account for the COVID-19 pandemic.
This new structure also allows the book to devote attention to the electoral college and to other federal rules that affect the casting and counting of votes, even as elections are administered by state and local officials.

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Now Available: 2020 Supplement to Lowenstein, Hasen, Tokaji, & Stephanopoulos, Election Law–Cases and Materials (6th Edition)

Election Law 2020 Supplement

The 2020 Supplement to Lowenstein, Hasen, Tokaji, & Stephanopoulos, Election Law–Cases and Materials (6th ed.) is up-to-date through the end of the Supreme Court’s October 2019 term ending July 2020. The new material includes coverage of the Supreme Court’s most recent cases on campaign contributions (Thompson v. Hebdon), bribery (Kelly v. United States), and the Electoral College (Chiafalo v. Washington), discussion of COVID-19-related election litigation and election administration changes, and  a completely rewritten section on partisan gerrymandering, including an edited version of the Supreme Court’s June 2019 decision in Rucho v. Common Cause. It also includes coverage of cases and developments concerning the census, partisan gerrymandering, voter purges, voter identification laws, political apparel at the polling place, campaign finance, bribery, and Voting Rights Act challenges to redistricting.

You may download the supplement at this link.

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Top Recent Downloads in Election Law on SSRN

Here:

RankPaperDownloads
1.Thin and Thick Conceptions of the Nineteenth Amendment Right to Vote and Congress’s Power to Enforce It
Richard L. Hasen and Leah Litman
University of California, Irvine School of Law and University of Michigan Law SchoolDate Posted: 10 Dec 2019
Last Revised: 03 Feb 2020
124
2.Jim Crow As Kafka: Voter Suppression on the Ground
Jonathan Zasloff
University of California, Los Angeles (UCLA) – School of LawDate Posted: 06 Dec 2019
Last Revised: 06 Dec 2019
107
3.Small-Donor Based Campaign-Finance Reform and Political Polarization
Richard H. Pildes
New York University School of LawDate Posted: 05 Dec 2019
Last Revised: 17 Jan 2020
77
4.Political Parties in Constitutional Theory
Tarunabh Khaitan
University of Melbourne – Law SchoolDate Posted: 11 Dec 2019
Last Revised: 11 Dec 2019
65
5.Comparative Election Administration: A Legal Perspective on Electoral Institutions
Daniel P. Tokaji
Ohio State University (OSU) – Michael E. Moritz College of LawDate Posted: 10 Dec 2019
Last Revised: 15 Dec 2019
52
6.Social Checks and Balances: A Private Fairness Doctrine
Michael P. Vandenbergh
Vanderbilt University – Law SchoolDate Posted: 09 Dec 2019
Last Revised: 09 Dec 2019
38
7.The Loch Ness Monster, Haggis, and a Lower Voting Age: What America Can Learn from Scotland
Joshua A. Douglas
University of Kentucky – College of LawDate Posted: 05 Jan 2020
Last Revised: 05 Jan 2020
26
8.Politics as Pretext
Joshua Sellers
Arizona State University (ASU) – Sandra Day O’Connor College of LawDate Posted: 26 Nov 2019
Last Revised: 26 Nov 2019
25
9.Constitutional Law and the Presidential Nomination Process
Richard Briffault
Columbia Law SchoolDate Posted: 07 Dec 2019
Last Revised: 12 Dec 2019
25
10.Passive Voter Suppression: Campaign Mobilization and the Effective Disfranchisement of the Poor
Bertrall L. Ross and Douglas M. Spence
rUniversity of California, Berkeley School of Law and University of Connecticut, School of LawDate Posted: 31 Dec 2019
Last Revised: 31 Dec 2019
23


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Top Recent Downloads in Election Law on SSRN

Here:

LSN: Election Law & Voting Rights (Topic)

Recent Top Papers (60 days)

As of: 03 Oct 2019 – 02 Dec 2019

RankPaperDownloads
1.Why Trump Does Not Need the Popular Vote to Retain the White House in 2020
Christopher Zambakari
The Zambakari Advisory, LLCDate Posted: 14 Oct 2019
Last Revised: 14 Oct 2019
730
2.Hardball and/as Anti-Hardball
David Pozen
Columbia University – Law SchoolDate Posted: 27 Oct 2019
Last Revised: 27 Nov 2019
178
3.Why the Nineteenth Amendment Matters Today: A Citizen’s Guide for the Centennial
Neil Siegel
Duke University School of LawDate Posted: 02 Oct 2019
Last Revised: 24 Nov 2019
109
4.Our Campaign Finance Nationalism
Eugene D. Mazo
Rutgers Law SchoolDate Posted: 08 Nov 2019
Last Revised: 08 Nov 2019
54
5.The Signature of Gerrymandering in Rucho v. Common Cause
Andrew ChinGregory Herschlag and Jonathan Mattingly
University of North Carolina School of Law, Duke University and Duke UniversityDate Posted: 08 Nov 2019
Last Revised: 08 Nov 2019
47
6.Dirty Thinking about Law & Democracy in Rucho v. Common Cause
Guy-Uriel E. Charles and Luis E. Fuentes-Rohwer
Duke University School of Law and Indiana University Maurer School of LawDate Posted: 14 Oct 2019
Last Revised: 14 Nov 2019
42
7.Foreign Corruption of the Political Process Through Social Welfare Organizations
Norman I. Silber
Hofstra University School of LawDate Posted: 08 Oct 2019
Last Revised: 20 Nov 2019
38
8.Court-Packing and Democratic Erosion
Thomas M. Keck
Syracuse University – Maxwell School of Citizenship and Public AffairsDate Posted: 13 Nov 2019
Last Revised: 13 Nov 2019
38
9.First Amendment (Un)Exceptionalism: A Comparative Taxonomy of Campaign Finance Reform Proposals in the US and UK
Lori A. Ringhand
University of Georgia School of LawDate Posted: 28 Oct 2019
Last Revised: 05 Nov 2019
37
10.A Tax Lesson for Election Law
Ellen P. Aprill
Loyola Law School Los AngelesDate Posted: 28 Oct 2019
Last Revised: 28 Oct 2019
37


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2019 Supplement to Lowenstein, Hasen, Tokaji, and Stephanaopoulos, Election Law–Cases and Materials, Now Available for Free Download (Password Protected)

CAP:

Election Law 2019 Supplement
Updated July 25, 2019.
The 2019 Supplement is up-to-date through the end of the Supreme Court’s October 2018 term ending June 2019. The new material includes a completely rewritten section on partisan gerrymandering, including an edited version of the Supreme Court’s June 2019 decision in Rucho v. Common Cause. It also includes coverage of cases and developments concerning the census, partisan gerrymandering, voter purges, voter identification laws, political apparel at the polling place, campaign finance, bribery, and Voting Rights Act challenges to redistricting.
This supplement is available for instructors and students who have adopted Election Law, Cases and Materials, Sixth Edition. Please contact us at remeier@cap-press.com if you have not yet received the username and password.
Click here to download the 2019 supplement PDF (password required)

Instructors adopting the book may share the supplement with their students at no charge.

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Coming in Late Fall: Legislation, Statutory Interpretation, and Election Law: Examples and Explanations (2d Edition)

I am pleased to announce that the fully revamped version of my Examples and Explanations book in Legislation, Statutory Interpretation, and Election Law will be available from Wolters Kluwer in the late fall. The first edition was from 2014, and so much has happened in both the field of Election Law and Legislation since then which is covered by the new edition.

The book is appropriate as a supplement or study aid (with mini-essay questions and answers) for courses in in Legislation, Leg/Reg, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. It is also intended as a treatise for practitioners in the field and a resource for lawyers, professors and judges, summing up my basic approach to these subjects that I have been studying for many years.

More information on the publication date when things get closer.

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