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Elmendorf on Carter-Baker and Crawford

Posted on June 3, 2008 10:19 am by Rick Hasen

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← MUD Looking “Very Closely” at Appeal in NAMUDNO

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Books by Rick

Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale Press, coming Feb. 4, 2020)

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The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (Wolters Kluwer 4th ed. 2020)

Legislation, Statutory Interpretation, and Election Law: Examples & Explanations (2d ed. Wolters Kluwer, 2020)

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Modern American Remedies (5th ed. 2019) (with Douglas Laycock)

The Justice of Contradictions: Antonin Scalia and the Politics of Disruption (Yale University Press 2018)

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Election Law--Cases and Materials (6th edition 2017) (with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)

Remedies: Examples & Explanations (Aspen Publishers, 4th ed. 2017)

Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections (Yale University Press 2016)

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The Voting Wars: From Florida 2000 to the Next Election Meltdown (Yale University Press, 2012)

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The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003)

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#19 Tom Mann and Norm Ornstein: Trumpism, and America, After Trump

Season 2 Episodes
#1 Dale Ho: From the Trenches of the Voting Wars
#2 Bob Bauer: Unpacking the Trump Campaign Finance Allegations, From Michael Cohen to Trump Tower
#3 Kristen Clarke: Voter Protection in the 2018 Midterms

Election Law Resources

Election Law--Cases and Materials (6th edition 2017) (with Daniel Hays Lowenstein, Daniel P. Tokaji, and Nicholas O. Stephanopoulos)
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Top Ten Law Faculty in Election Law by Scholarly Impact, 2010-2014 Repository of Election Law Teaching Materials (2011 update)

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Recent Commentaries and Op-Eds

Donald Trump’s Encouragement to Vote Twice Could Cause Election Day Chaos,Slate, Sept. 3, 2020

Trump’s Relentless Attacks on Mail-In Voting Are Part of a Larger Strategy, N.Y. Times, Aug. 19, 2020

California's Ballot Harvesting Law: A Crop of Trouble?, L.A. Lawyer, July/Aug. 2020

Bring on the 28th Amendment, N.Y. Times Sunday Review, June 29, 2020

Texas Voters Face Malicious Prosecutions After COVID-19 Absentee Ballot Ruling, Slate, May 27, 2020

The Right-Wing Legal Network is Now Openly Pushing Conspiracy Theories, Slate, May 27, 2020 (with Dahlia Lithwick)

Trump’s bogus attacks on mail-in voting could hurt his supporters, too; The president is undermining democracy. He could also be undermining his own campaign, Wash. Post, May 20, 2020

GOP War on Mail-in Ballots May Backfire, NY Daily News, Apr. 20, 2020

We Cannot Hold an Election Without a Functional Post Office, Slate, Apr. 14, 2020

Trump is Wrong About the Dangers of Absentee Ballots, Wash. Post, Apr. 9, 2020

How Republicans are Using the Pandemic to Suppress the Vote, LA Times, Apr. 4, 2020

What Happens in November if One Side Doesn’t Accept the Election Results? How coronavirus could contribute to a 2020 election meltdown, Slate, Mar. 30, 2020

How to Protect the 2020 Election from Coronavirus, Slate, Mar. 13, 2020

Why Trump and the RNC are spending $10 million to fight Democrats’ voting rights lawsuits, Slate, Mar. 5, 2020

Can't Call the Super Tuesday Vote? Be Patient, LA Times, Mar. 3, 2020

If Democrats Fight Right-Wing 'Fake News' Fire with Fire, We All Lose, Salon, Feb. 24, 2020

How to Prevent the Next Election Meltdown, Wall St. Journal, Feb. 7, 2020 (Saturday Essay)

What the Impeachment Ordeal Can Tell Us About the 2020 Election, CNN Opinion, Feb. 5, 2020

Trump's Jokes About Defying Election Results Could Create Chaos, Slate, Feb. 4, 2020

The Alarming Prospect of the Supreme Court Deciding the 2020 Election, The Atlantic, Feb. 3, 2020

The loser of November’s election may not concede. Their voters won’t, either, Wash. Post, Jan. 24, 2020 (Sunday Outlook)

The Decade of Citizens United, Slate, Dec. 19, 2019

These Two Articles of Impeachment Are More than Good Enough, Slate, Dec. 10, 2019

Trump’s Senate Impeachment Defense Will Be to Put Joe Biden on Trial, Slate, Nov. 22, 2019

Could Matt Bevin Steal the Kentucky Governor’s Election?, Slate, Nov. 7, 2019

The Arrest of Giuliani’s Ukraine Associates Shows How Much Trump Has Already Corrupted Our Elections, Slate, Oct. 10, 2019

Democrats Have Trump on the Ropes. They Must Act on Impeachment Now, Slate, Sept. 27, 2019

Trump’s Ukraine Gambit Could Be Another Campaign Finance Crime, Slate, Sept. 22, 2019

Michigan has a smart idea for fixing gerrymandering. Conservatives want to crush it, Vox, Sept. 9, 2019

The Coming Reckoning Over the Electoral College; A ploy to bring the issue to the Supreme Court could backfire, Slate, Sept. 4, 2019

Unlimited Donations to Candidates, Coming Soon? Former Solicitor General Paul Clement may get the Supreme Court closer to killing what’s left of campaign-finance limits, The Atlantic, July 26, 2019

The Most Important Lesson the Supreme Court Liberals Can Take from John Paul Stevens, Slate, July 17, 2019

The Supreme Court’s Green Light to Partisan Gerrymandering Will Drag It Down Further Into the Mud, N.Y. Times, June 27, 2019

Donald Trump Is Promising to Fight the Census Case. That Might Actually Work, Slate, June 27, 2019

The Census Case Is Shaping Up to Be the Biggest Travesty Since Bush v. Gore, Slate, June 25, 2019

New Memo Reveals the Census Question Was Added to Boost White Voting Power; Why it won’t matter to the Supreme Court’s conservatives, Slate, May 30, 2019

Robert Mueller Was Telling Nancy Pelosi to Begin Impeachment Proceedings, Slate, May 29, 2019

The Mueller Report Makes It Clear: Trump Is Off the Hook in SDNY as Well, Slate, Apr. 22, 2019

All the Mistakes Mueller Made in Declining to Prosecute Donald Trump Jr., Slate, Apr. 18, 2019

The Seven Things to Look for When Reading the Redacted Mueller Report, Slate, Apr. 15, 2019

Roberts’ Rules: This week will test the chief justice’s commitment to calling balls and strikes, Slate, Mar. 25, 2019

How Mueller’s Unknown Reasoning Could Endanger American Democracy in 2020, Slate, Mar. 24, 2019

Roger Stone’s Indictment Could Be Good News for Donald Trump Jr., Slate, Mar. 24, 2019

Donald Trump Was Just Handed a Chance to Supercharge Voter Suppression in 2020,Slate, Jan. 8, 2019

The Supreme Court Could Make Gerrymandering Worse, Atlantic, Jan. 7, 2019

Read more opeds from 2006-2009, these from 2010-2011, these from 2012-2013, these from 2014, these from 2015 and 2016, these from 2017, and these from 2018.

Forthcoming Publications, Recent Articles, and Working Papers

Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them, Election Law Journal (August 2020, coming to print)

Thin and Thick Conceptions of the Nineteenth Amendment and Congress’s Power to Enforce It, 108 Georgetown Law Journal 27 (19th Amendment edition 2020) (co-authored with Leah Litman for symposium on 100th anniversary of ratification of 19th Amendment)

Direct Democracy Denied: The Right to Initiative in a Pandemic, University of Chicago Law Review Online (2020)

The Supreme Court’s Pro-Partisanship Turn, 109 Georgetown Law Journal Online 50 (2020)

Deep Fakes, Bots, and Siloed Justices: American Election Law in a Post-Truth World, 64 St. Louis University Law Review 535 (2020) (keynote address for symposium)

QV or Not QV? That is the Question; Some Skepticism About Radical Egalitarian Voting Markets, 87 University of Chicago Law Review 67 (2019)

Polarization and the Judiciary, 22 Annual Review of Political Science 261 (2019)

’Civil Right No. 1:’ Dr. King’s Unfinished Voting Rights Revolution”, 49 University of Memphis Law Review 137 (2018)

Cheap Speech and What It Has Done (to American Democracy), 16 First Amendment Law Review 200 (2018)

The 2016 U.S. Voting Wars: From Bad to Worse, 26 William and Mary Bill of Rights Journal 529 (2018)

Essay: Race or Party, Race as Party, or Party All the Time: Three Uneasy Approaches to Conjoined Polarization in Redistricting and Voting Cases, 59 William and Mary Law Review 1837 (2018)

Resurrection: Cooper v. Harris and the Transformation of Racial Gerrymandering into a Voting Rights Tool, 1 ACS Supreme Court Review 105 (2017)

After Scalia: The Future of United States Election Law, 17America-Ho 1 (in Japanese, Koji Higashikawa trans, 2017)

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About Rick Hasen

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2005 Profile of Rick in the Los Angeles Daily Journal

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Crescat Sententia's 20 Question interview with me

Disclosure: My role in some litigation/election issues

I am consulting in Nevada Ethics Commission v. Carrigan

I am one of the lawyers for the City of San Diego in the Thalheimer campaign contributions challenge

The pro bono brief I've filed in the Crawford (Indiana voter identification case) in the Supreme Court

The pro bono amicus brief of Richard Briffault and Rick Hasen in the Wisconsin Right to Life case in the Supreme Court

My pro bono amicus letter in 9th Circuit supporting defendants' request for rehearing in Padilla v. Lever

I am consulting for the California Nurses Association on their campaign finance initiative (Proposition 89) (see also Yes on 89)

I do some consulting work with Horvitz & Levy, LLP

My pro bono amicus letter in 9th Circuit supporting plaintiffs in Monterey initiative case

My motion to file amicus brief/amicus brief supporting appellants in the ACLU punch card recall case

United States Supreme Court amicus brief that I wrote for the Center for Governmental Studies in the BCRA case

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