Rank | Paper | Downloads |
---|---|---|
1. | Reform for Realists: The False Promise of Condorcet Voting G. Michael Parsons and Rachel HutchinsonP arsons Law PLLC and FairVote Date Posted: 21 Feb 2025 Last Revised: 09 Mar 2025 | 250 |
2. | Participation Versus Effective Government Richard H. Pildes and Samuel Issacharoff New York University School of Law and New York University School of Law Date Posted: 03 Mar 2025 Last Revised: 07 Apr 2025 | 163 |
3. | History, Tradition, and Voter Registration Joshua A. Douglas University of Kentucky – J. David Rosenberg College of Law Date Posted: 03 Mar 2025 Last Revised: 03 Mar 2025 | 152 |
4. | Disenfranchisement Creep Bryna Godar University of Wisconsin Law School Date Posted: 13 Mar 2025 Last Revised: 31 Mar 2025 | 141 |
5. | Democracy Reform for Donald Trump’s America: A Review Essay Corey L. Brettschneider and Aidan Calvelli Brown University – Department of Political Science and Princeton University, Department of Politics, Students Date Posted: 24 Feb 2025 Last Revised: 04 Mar 2025 | 126 |
6. | Ranked-List Proportional Representation Nicholas Stephanopoulos Harvard Law SchoolDate Posted: 12 Feb 2025 Last Revised: 28 Feb 2025 | 112 |
7. | Combatting Extremism Richard H. Pildes New York University School of Law Date Posted: 19 Feb 2025 Last Revised: 21 Feb 2025 | 108 |
8. | A Reprieve for Democracy: Reading Allen v. Milligan on the Sixtieth Anniversary of the Voting Rights Act Deuel Ross NAACP Legal Defense and Educational Fund Date Posted: 31 Mar 2025 Last Revised: 31 Mar 2025 | 100 |
9. | Elections, Courts, and Democratic Crisis: Constitutional Structure and the 2020 Election Cases Manoj Mate University at Buffalo Law School Date Posted: 13 Feb 2025 Last Revised: 20 Feb 2025 | 90 |
10. | Bush v. Gore‘s Ironic Legacy Richard L. Hasen UCLA School of Law – UCLA School of Law Date Posted: 24 Mar 2025 Last Revised: 25 Mar 2025 | 77 |
Category Archives: pedagogy
My New Encyclopedia Britannica Article: “Election Law in the United States”
Very happy to see the final version of this article posted. Thanks to all who helped me with completing it!
Top Recent Downloads in Election Law on SSRN
Recent Top Papers (60 days)
As of: 14 Oct 2024 – 13 Dec 2024
Rank | Paper | Downloads |
---|---|---|
1. | Second-Guessing State Courts in Election Cases: Arrogation and Evasion Under Moore v. Harper Michael Weingartner Independent Date Posted: 08 Oct 2024 Last Revised: 08 Oct 2024 | 420 |
2. | Congress’s Power Over the Electoral Count Larry Schwartztol Harvard University – Harvard Law School Date Posted: 25 Nov 2024 Last Revised: 25 Nov 2024 | 227 |
3. | Give Young Adults the Vote Nicholas Stephanopoulos Harvard Law School Date Posted: 16 Sep 2024 Last Revised: 09 Dec 2024 | 177 |
4. | The Internal Law of Democracy Kevin M. Stack Vanderbilt University – Law School Date Posted: 28 Oct 2024 Last Revised: 29 Oct 2024 | 100 |
5. | Moore v. Harper, Evasion, and the Ordinary Bounds of Judicial Review David Gans, Brianne Gorod and Anna Jessurun Constitutional Accountability Center, Constitutional Accountability Center and Constitutional Accountability Center Date Posted: 09 Oct 2024 Last Revised: 09 Oct 2024 | 92 |
6. | A Path to Multiparty Democracy Nate Ela Temple University Beasley School of Law Date Posted: 22 Oct 2024 Last Revised: 04 Dec 2024 | 89 |
7. | A Major Wrong on a Private Right of Action Under the Voting Rights Act Macin Graber and Joshua A. Douglas Saint Louis University School of Law and University of Kentucky – College of Law Date Posted: 04 Dec 2024 Last Revised: 06 Dec 2024 | 81 |
8. | Democratic Backsliding in Federal States James A. Gardner University at Buffalo Law School Date Posted: 05 Nov 2024 Last Revised: 20 Nov 2024 | 69 |
9. | The National Popular Vote (NPV) Proposal for U.S. Presidential Elections Undermines Election Integrity Ronald L. Rivest and Philip B. Stark Massachusetts Institute of Technology (MIT) and University of California, Berkeley Date Posted: 26 Nov 2024 Last Revised: 26 Nov 2024 | 61 |
10. | The Basis for Election Exceptionalism in Justiciability and Related Doctrines: Constitutional Compensation in Light of Purcell Vikram D. Amar and Evan Caminker University of California, Davis – School of Law and University of Michigan Law School Date Posted: 31 Jul 2024 Last Revised: 31 Jul 2024 |
Dec. 12 ALI-CLE Webinar: Legal Insights and Takeaways from the 2024 Election
This ALI-CLE program may be of interest to ELB readers:
December 12 | 12:00 – 1:00 p.m. ET
Applying the coupon code ART12COLL in your cart will bring the price from $199 to $79.
In this webcast, two election law experts, Tony Gaughan and Steve Huefner, will offer legal insights into the 2024 Election. They will explore the latest developments in election law, including the changing landscape of the voting process, election certification, election system reform (such as ranked choice voting and open primaries), gerrymandering, campaign finance, recount procedures, and election litigation.
New Washington and Lee Law Review Symposium on Voting Rights in a Polarized Era
Check out the Washington and Lee Law Review’s Symposium issue (Volume 81, Issue 3) for the symposium that Maureen Edobor and Chris Seaman organized earlier this year, “Voting Rights in a Politically Polarized Era.” It includes the following articles:
- Maureen Edobor & Christopher B. Seaman, Foreword: Voting Rights in a Politically Polarized Era
- Nicholas O. Stephanopoulos, Finding Condorcet
- Rebecca Green, Legal Support for Local Election Officials
- Henry L. Chambers, Jr., Protecting Minority Representation in an Era of Political Polarization and the Hollowing Out of Voting Rights Protections
- Wilfred U. Codrington III, Unprincipled All the Way Down
- Macin Graber & Joshua A. Douglas, A Major Wrong on a Private Right of Action Under the Voting Rights Act
- Michael T. Morley, The Scope of Election Litigation
- Mark E. Rush, Voting Rights in a Politically Polarized Era… and Beyond
Congratulations to Gene Mazo, Editor of the New Book, “The Oxford Handbook of American Election Law”

Kudos are in order for Gene Mazo, who had a task much harder than herding cats in producing The Oxford Handbook of American Election Law. I just got my massive copy in the mail, and it is full of insightful and synthetic articles from many of the leaders in United States election law. (My contribution is on the past, present, and future of election law reform in the United States.)
Gene has been more willing than most to take on responsibilities to advance the field. They take a tremendous amount of work. He deserves great credit for getting this wisdom on the page.
Some of the contributors to the volume will participate in an ELB Book Corner session down the line. Congratulations!
Top Recent Downloads in Election Law on SSRN
Rank | Paper | Downloads |
---|---|---|
1. | A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson Ilya Somin George Mason University – Antonin Scalia Law School Date Posted: 29 Aug 2024 Last Revised: 17 Sep 2024 | 351 |
2. | The Stagnation, Retrogression, and Potential Pro-Voter Transformation of U.S. Election Law Richard L. Hasen UCLA School of Law – UCLA School of Law Date Posted: 20 Aug 2024 Last Revised: 16 Sep 2024 | 337 |
3. | States Legislating Against Digital Deception: A Comparative Study of Laws to Mitigate Deepfake Risks in American Political Advertisements Hayden Goldberg University of Oxford – Oxford Internet Institute Date Posted: 13 Aug 2024 Last Revised: 13 Aug 2024 | 193 |
4. | Purcell Principles for State Courts Robert Yablon and Derek Clinger University of Wisconsin Law School and University of Wisconsin Law School Date Posted: 11 Sep 2024 Last Revised: 12 Sep 2024 | 140 |
5. | Administering Presidential Elections and Counting Electoral Votes After Trump v. Anderson Derek T. Muller Notre Dame Law School Date Posted: 26 Aug 2024 Last Revised: 25 Sep 2024 | 131 |
6. | The Electoral College Katherine Shaw University of Pennsylvania – Carey Law School Date Posted: 13 Aug 2024 Last Revised: 13 Aug 2024 | 128 |
7. | The Riddle of Race-Based Redistricting Travis Crum Washington University in St. Louis–School of Law Date Posted: 05 Sep 2024 Last Revised: 23 Sep 2024 | 125 |
8. | Unprincipled All the Way Down Wilfred U. Codrington III Yeshiva University – Benjamin N. Cardozo School of LawDate Posted: 10 Sep 2024 Last Revised: 10 Sep 2024 | 65 |
9. | The Surprising Survival—So Far—of the Corporate Contribution Ban Richard Briffault Columbia Law School Date Posted: 13 Sep 2024 Last Revised: 30 Sep 2024 | 53 |
10. | Where Privacy Ends and Politics Begin: Case Comment on Association for Democratic Reforms v. Union of India Sriya Sridhar Shiv Nadar School of Law, Shiv Nadar University Chennai Date Posted: 23 Sep 2024 Last Revised: 23 Sep 2024 | 35 |
My Picks for Exemplary Legal Writing in Books (2023) for the Green Bag (Southworth, Biskupic, Vladeck, and Issacharoff)
You can read my mini-reviews here from the new 2024 Green Bag Almanac and Reader of Ann Southworth, Big Money Unleashed: The Campaign toDeregulate Election Spending (University of Chicago Press 2023); Joan Biskupic, Nine Black Robes: Inside the Supreme Court’s Drive to the Right and Its Historic Consequences (William Morrow 2023); Stephen Vladeck, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books 2023); and Samuel Issacharoff, Democracy Unmoored: Populism and the Corruption of Popular Sovereignty (Oxford University Press 2023).
Top Recent Downloads in Election Law on SSRN
Here:
Rank | Paper | Downloads |
---|---|---|
1. | Give Parents the Vote Joshua Kleinfeld and Stephen E. Sachs Northwestern University – Pritzker School of Law and Harvard Law School Date Posted: 22 Jul 2024 Last Revised: 25 Jul 2024 | 1,410 |
2. | Election Law for the New Electorate Nicholas Stephanopoulos Harvard Law School Date Posted: 21 Jun 2024 Last Revised: 21 Jun 2024 | 849 |
3. | States Legislating Against Digital Deception: A Comparative Study of Laws to Mitigate Deepfake Risks in American Political Advertisements Hayden Goldberg University of Oxford – Oxford Internet Institute Date Posted: 13 Aug 2024 Last Revised: 13 Aug 2024 | 133 |
4. | Narrow But Deep: The McCulloch Principle, Collective-Action Theory, and Section Three Enforcement Neil Siegel Duke University School of Law Date Posted: 29 Jul 2024 Last Revised: 29 Jul 2024 | 58 |
5. | Mergers, Lobbying, and Elections: Is there a “Curse of Bigness”? Matteo Broso and Tommaso M. Valletti University of Turin – Collegio Carlo Alberto and Imperial College Business School Date Posted: 12 Jul 2024 Last Revised: 12 Jul 2024 | 35 |
6. | Election Exceptionalism in Justiciability and Related Doctrines: Constitutional Compensation in Light of Purcell Vikram D. Amar University of California, Davis – School of Law Date Posted: 16 Jul 2024 Last Revised: 16 Jul 2024 | 33 |
7. | Kansas & Fusion Voting: The Expansion and Shrinkage of Democratic Participation & Responsive Representation in the Sunflower State Joel Rogers University of Wisconsin-Madison Date Posted: 25 Jun 2024 Last Revised: 11 Jul 2024 | 29 |
8. | States as Bulwarks Against, or Potential Facilitators of, Election Subversion Richard L. Hasen UCLA School of Law – UCLA School of Law Date Posted: 15 Jul 2024 Last Revised: 16 Jul 2024 | 20 |
9. | The Section 33 Democratic Accountability Concept: Proposing a Two-Pronged Approach for Judicial Review Caitlin Salvino University of Toronto – Faculty of Law Date Posted: 17 Jul 2024 Last Revised: 17 Jul 2024 | 17 |
10. | The Electoral College Katherine Shaw University of Pennsylvania – Carey Law School Date Posted: 13 Aug 2024 Last Revised: 13 Aug 2024 | 16 |
2024 Election Law Teacher Database
It is now available here.
The Free 2024 Supplement to Lowenstein, Hasen, Tokaji, and Stephanopoulos, Election Law–Cases and Materials (7th Edition) is Now Available
You can download the free Supplement here. The Supplement is current through the Supreme Court’s October 2023 term ending July 2, 2024, and it includes edited versions of the U.S. Supreme Court’s decisions in Moore v. Harper and Trump v. Anderson on disqualification under the 14th Amendment, analysis of the Supreme Court’s decisions in the Allen v. Milligan case involving Section 2 of the Voting Rights Act and the Alexander case on racial gerrymandering, and excerpts from the Supreme Court’s recent decision in Trump v. United States, on potential presidential immunity from criminal charges connected to the 2020 U.S. presidential election.
This is a supplement to Lowenstein, Hasen, Tokaji, & Stephanopoulos, Election Law–Cases and Materials (7th edition, Carolina Academic Press, 2022).
Top Recent Downloads in Election Law on SSRN
Here:
Rank | Paper | Downloads |
---|---|---|
1. | Did Shelby County v. Holder Increase the Racial Turnout Gap? Kevin Morris and Michael Miller New York University (NYU) – Brennan Center for Justice and Barnard College, Columbia University Date Posted: 18 Mar 2024 Last Revised: 16 May 2024 | 221 |
2. | Standing for Elections in State Courts Miriam Seifter and Adam B. Sopko University of Wisconsin Law School and State Democracy Research Initiative Date Posted: 25 Apr 2024 Last Revised: 25 Apr 2024 | 99 |
3. | Coordination in Plain Sight: The Breadth and Uses of “Redboxing” in Congressional Election sGabriel Foy-Sutherland and Saurav Ghosh The University of Chicago and Independent Date Posted: 24 Apr 2024 Last Revised: 24 Apr 2024 | 81 |
4. | Elections on Trial: A Critical Review of the procedure for Challenging Parliamentary Elections in Ghana Joel Telfer University of Ghana School of Law Date Posted: 23 Apr 2024 Last Revised: 23 Apr 2024 | 70 |
5. | Democracy’s Core Institution: Clean Elections Across the World Marina Nord, Juraj Medzihorsky and Staffan I. Lindberg University of Gothenburg – V-Dem Institute, Durham University – School of Government and International Affairs and University of Gothenburg – Varieties of Democracy Institute Date Posted: 03 Apr 2024 Last Revised: 29 May 2024 | 62 |
6. | Expanding Democracy: The Case for Enfranchising Noncitizens in Local Elections Maya Kammourieh University of Virginia (UVA) School of Law Date Posted: 23 Apr 2024 Last Revised: 23 Apr 2024 | 53 |
7. | Minimal Stable Voting Rules Hector Hermida-Rivera Budapest University of Technology and Economics Date Posted: 19 Apr 2024 Last Revised: 19 Apr 2024 | 41 |
8. | Prioritizing the People in the Procurement of Election Infrastructure Dennis Mema George Washington University, Law School Date Posted: 03 Apr 2024 Last Revised: 03 Apr 2024 | 28 |
9. | Fraudulent Vote Dilution Jason Marisam Mitchell Hamline School of Law Date Posted: 01 May 2024 Last Revised: 01 May 2024 | 28 |
10. | Adapting Gingles & Retaining Voter Power: Applying the VRA to State Judicial Retention Elections Jake Mazeitis Independent Date Posted: 15 Apr 2024 Last Revised: 29 May 2024 |
SSRN Relaunches Election Law and Voting Rights E-Journal
In response in my post expressing disappointment about the loss of an SSRN journal dedicated to election law, I’m very happy to announce that the ejournal has been relaunched!
You can use this link to subscribe to the ejournal (you must have a free ssrn account to do so).
I’ll get back to posting my top ten lists of recent election law scholarship about every two months as I’ve been doing.
Thanks to SSRN for restoring this list. We in the field depend on it!
If You’ve Been Wondering Where My Top Ten List in Recent Election Law Scholarship Posted on SSRN Has Been….Some Bad News
About every two months, I feature on ELB the top ten recent articles in the Election Law topic posted on SSRN. I personally find it a great way to keep up on scholarship in the field.
Unfortunately, SSRN for now has discontinued the Election Law category, folding the article into its topic on Legislation and Statutory Interpretation. (I write in both fields, and consider them separate fields with a few overlapping topics.)
I’m hoping SSRN will see fit to bring Election Law back as a topic at some point. If it does, my top ten lists will be back.