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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!

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.

Two of my favorite people, Sasha Natapoff and Guy Charles, have put this together and I can’t wait to watch all in the series:

Contributors and Cases

Professor Tabatha Abu El-Haj
Drexel U. Thomas R. Kline School of Law

Reynolds v. Sims (1964)

In this video, Professor Abu El-Haj explains how the Supreme Court established the foundational principle of one-person one-vote.

Professor Guy-Uriel Charles
Harvard Law School

Lassiter v. Northampton (1959)

In this video, Professor Charles explains how the Supreme Court upheld North Carolina’s literacy test requirement even though it was widely used to disenfranchise Black voters.Professor Yasmin Dawood
University of Toronto Faculty of Law

Harper v. VA Bd. of Elections (1966)

In this video, Professor Dawood explains how the Supreme Court held poll taxes to be an unconstitutional violation of the Equal Protection Clause.

Professor Luis Fuentes-Rohwer
Indiana University Maurer School of Law

Shelby County v. Holder (2013)

In this video, Professor Fuentes-Rohwer explains how the Supreme Court struck down Section 4 of the Voting Rights Act as unconstitutional, throwing doubt on Congressional authority and decades of voting rights jurisprudence.

Professor Michael Kang
Northwestern Pritzker School of Law

Citizens United v. FEC (2010)

In this video, Professor Kang explains how the Supreme Court decided that the First Amendment bars constraints on independent electioneering expenditures, thereby deregulating a vast swath of election spending.

Professor Ellen Katz
University of Michigan Law School

Thornburg v. Gingles (1986)

In this video, Professor Katz explains how the Supreme Court created the basic framework for understanding and applying Section 2 of the Voting Rights Act and the meaning of racially polarized voting.

Professor Justin Levitt
LMU Loyola Law School, Los Angeles

Shaw v. Reno (1993)

In this video, Professor Levitt explains how the Supreme Court changed the core meaning of racial gerrymandering by permitting white voters to bring claims of discrimination.

This looks great and so sorry I wasn’t able to make it:

Friday, March 22

1:30 to 2:45: Election Law and Race

The Riddle of Race-Based Redistricting

Travis Crum

Reconstruction’s Last Monument

Maureen Edobor

Senior Discussant: Josh Sellers

3:00 to 4:15: Election Law after the 2020 Election 

Incitement as Coordination

Nicholas Almendares

Second-Guessing State Courts in Election Cases

Michael Weingartner

Senior Discussant: Carolyn Shapiro

4:30 to 5:45: Keynote Panel

Democracy Unmoored: Populism and the Corruption of Popular Sovereignty

Samuel Issacharoff

Free to Judge: The Power of Campaign Money in Judicial Elections

Michael Kang & Joanna Shepherd

Moderator: Travis Crum

Saturday, March 23

9:30 to 10:45: Election Law and Quantitative Methods

The Still Secret Ballot: The Limited Privacy Cost of Transparent Election Results

Michael Morse

Reconstruction and Representation

Michael Olson

Senior Discussant: Abby Wood

11:15 to 12:30: Election Law and Democratic Theory

Reconsidering the Legacy of Disjunctive Legal Change: Lessons of Baker v. Carr

Jacob Eisler

The Democratic Value of “Foreign Interference” in Campaign Finance

John J. Martin

Senior Discussant: Lisa Marshall Manheim

Congratulations to Dan Tokaji and Rob Yablon on the publication of the 3rd Edition of “Election Law in a Nutshell.” Details here.

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Newly published by Chris Mitchell.

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You can download the free Supplement here. The Supplement is current through the Supreme Court’s October 2022 term ending June 30, 2023, and includes an edited version of the U.S. Supreme Court’s decision in Moore v. Harper, analysis of the Supreme Court’s decision in the Allen v. Milligan case involving Section 2 of the Voting Rights Act, and excerpts from the district court’s recent decision in Eastman v. Thompson, involving potential criminal charges connected to the 2020 U.S. presidential elections.

This is a supplement to Lowenstein, Hasen, Tokaji, & Stephanopoulos, Election Law–Cases and Materials (7th edition, Carolina Academic Press, 2022).

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This looks like it will be a very valuable resource! (Institutional subscription required)

Subtopics:

• Introduction
• All Titles (3,432)
• Books (1,053)
• CRS Reports (1,150)
• GAO Reports (108)
• Congressional Hearings (717)
• Legislative Histories (25)
• Brennan Center for Justice (243)
• ALI Election Administration (1)
• CFR Title 11
• U.S. Code Title 52
• Serials & Periodicals (13)
• Supreme Court Briefs (123)
• Bibliography
• Scholarly Articles
• Most-Cited Authors
  

Here’s the list of the top 10 most cited authors (to be updated annually):