AP:  A new analysis by the Harvard Business School outlines why U.S. voters are so frustrated with their political leaders — there is a lack of genuine competition between Republicans and Democrats to deliver actual results on major policies such… Continue reading

Mike Gilbert has posted this draft on SSRN.  Here is the abstract: Should law respond readily to society’s evolving views, or should it remain fixed? This is the question of entrenchment, meaning the insulation of law from change through supermajority… Continue reading

Matt Grossman and David Hopkins for Vox.

Justin Weinstein-Tull has posted this draft on SSRN (forthcoming, Columbia Law Review).  Here is the abstract: States abdicate many of their federal responsibilities to local governments. They do not monitor local compliance with those laws; they disclaim responsibility for the… Continue reading

David Schleicher has posted this draft on SSRN.  Here is the abstract: This essay for the 2016 AALS Section on Election Law Program, “Election Law at the Local Level,” applies lessons from local government law to election law problems. Both… Continue reading

I have written this review of Bruce Cain’s Democracy More or Less for the New Rambler Review.  It begins: Modern American democracy is often messy, increasingly polarized, sometimes stupefying, and surprisingly decentralized. Our Congress functions (or doesn’t) mainly along party… Continue reading

Nick Stephanopoulos has posted this draft on SSRN (forthcoming NYU Law Review).  Here is the abstract: There is a hole at the heart of equal protection law. According to long-established doctrine, one of the factors that determines whether a group… Continue reading