Nick Stephanopoulos, Eric McGhee and Steven Rogers have posted this draft on SSRN (forthcoming, Vanderbilt Law Review).  Here is the abstract: What good are theories if they cannot be tested? Election law has wrestled with this question over the last… Continue reading

The book is out today, and you can’t be in the election law field without reading it.  Here are the blurbs, including my own: “Everyone talks about the dysfunction of American politics, but very few people have practical or… Continue reading

David Schutlz: “Note: I am pleased to announce the publication of my latest book, Election Law and Democratic Theory, published this month by Ashgate Publishing. This blog draws upon some of the themes presented in chapter three of the… Continue reading

Bertrall Ross has posted this draft on SSRN (California Law Review).  Here is the abstract: Judicial interpretations of the Equal Protection Clause have undergone a major transformation over the last fifty years. A Supreme Court once suspicious of the democratic… Continue reading

Jim Gardner has posted this draft on SSRN.  Here is the abstract: In democracies that allocate to a court responsibility for interpreting and enforcing the constitutional ground rules of democratic politics, the sheer importance of the task would seem to… Continue reading

Yasmin Dawood has posted this draft on SSRN (forthcoming, NOMOS).  Here is the abstract: This article addresses the following question: when, and under what conditions, should partisanship play a role in democratic politics? I examine this question by focusing on… Continue reading

Ned Foley has posted this draft on SSRN (forthcoming, Oklahoma Law Review).  Here is the abstract: Akhil Amar, at the end of AMERICA’S UNWRITTEN CONSTITUTION (2012), mentions the idea of postponing for a long while the date on which newly… Continue reading

Nick Stephanopoulos has posted this draft on SSRN (forthcoming, Columbia Law Review).  Here is the abstract: Election law doctrine has long been dominated by rights-and-interests balancing: the weighing of the rights burdens imposed by electoral regulations against the state interests… Continue reading

Bob Bauer blogs.

Heather Gerken has posted this draft on SSRN (Duke Law Journal).  Here is the abstract: Much of constitutional theory is preoccupied with a single question: What does a democracy owe its minorities? And most of the answers to this question… Continue reading

Jim Gardner has posted this draft on SSRN.  Here is the abstract [update: it appears that only an abstract appears right now with no paper to download]: Deliberative democracy offers a distinctive and appealing conception of political life, but is… Continue reading

Déjà Vu All Over Again: Courts, Corporate Law, and Election Law Heather K. Gerken and Michael S. Kang Translating Fiduciary Principles Into Public Law Ethan J. Leib, David L. Ponet & Michael Serota