I’ve turned in a completed first draft of this book, with the hopes that it will be out in time for fall classes. This book, part of Aspen’s great Examples & Explanations series, is a student-friendly treatise with questions and answers throughout the chapters testing the material. This book is designed to be a supplement in classes on Legislation, Statutory Interpretation, Election Law, Voting Rights, or Campaign Finance. It is compatible with all the casebooks in these fields (and the book will have a chart showing how the book corresponds to each casebook’s coverage).
The tentative table of contents is below the fold.
Legislation, Statutory Interpretation, and Election Law:
Examples and Explanations
Richard L. Hasen
Chancellor’s Professor of Law and Political Science
University of California, Irvine School of Law
[DRAFT] Table of Contents
Part I — The Legislative Process
1. How a Bill Becomes a Law: From Schoolhouse Rock to Vetogates and Unorthodox Lawmaking
1.1 Introduction: How a Bill Becomes a Law
1.2 Formal Requirements for Federal Legislation
1.2.1. Bicameralism and Presentment (including the Enrolled Bill Rule and Origination Clause)
1.2.2. The Veto Power (including the Line Item Veto)
1.3 Details of the Formal Federal Legislative Process
1.3.1. Rules for Consideration of Bills in the House of Representatives
1.3.2. Rules for Consideration of Bills in the Senate, Including Filibuster Rules
1.4 Theories of the Legislative Process
1.5 The Modern Federal Legislative Process: Majority Power, Political Polarization and the Decline of Regular Order
2. Regulating Legislators
2.1 Qualifications for Office, Term Limits, and Punishment
2.2 Legislative Deliberation
2.2.1 Speech or Debate Clause Issues
2.2.2 Single Subject Rules and Logrolling
2.2.3 Due Process of Lawmaking
3. Lobbying, Bribery, and External Legislative Influence
3.1 Lobbying
3.1.1 How Lobbying Works
3.1.2 Lobbying Disclosure Rules
3.1.3 Other Lobbying Regulations
3.2 Bribery and Related Offenses
3.2.1 The Elements of Bribery
3.2.2 More on Intent to Influence: Campaign Contributions as Bribes
3.2.3 Related Offenses
3.3 Ethics and Gift Rules
4. Direct Democracy
4.1 Direct Democracy as “Hybrid Democracy”
4.2 The Single Subject Rule and Other Content Restrictions on Initiatives
4.3 Petitioning Rules and Financing Ballot Qualification Drives
Part II — Statutory Interpretation
5. Theories and Practice of Statutory Interpretation
5.1 Introduction: The Holy Trinity Church Problem …. or “The Food Stays in the Kitchen”
5.2 Theories of Interpretation: Intentionalism, Purposivism, Textualism, and Dynamic Statutory Interpretation
5.3 The Great Debate Over Legislative History and the New Textualism
5.4 Stare Decisis and Statutory Interpretation
6. Canons of Statutory Interpretation
6.1 Why Canons?
6.2 Textual Canons
6.3 Substantive Canons
7. Legislative History
7.1 Committee Reports: The Gold Standard
7.2 Floor Statements and Other Types of Legislative History
7.3 Legislative Silence or Failure as Legislative History
7.4 Other Statutes
8. Agency Interpretation: Statutory Interpretation in the Administrative State
8.1 Why is Agency Interpretation Different?
8.2 The Chevron Doctrine and Agency Deference
8.3 Is Chevron Deference the Only Form of Judicial Deference to Agency Interpretation?
Part III — Voting Rights and Representation
9. The Right to Vote, Representation, and Redistricting
9.1 Who (Decides Who) Votes?
9.1.1 Introduction: Three Questions About Literacy Tests
9.1.2 Voting as a Fundamental Right for Citizen, Adult, Resident Non-Felons
9.2 Vote Dilution and the One Person, One Vote Rule
9.2.1 Baker, Reynolds, and the Emergence of the One Person, One Vote Rule
9.2.2 One Person, One Vote: Extensions and Complications
9.3 Special Purpose Election Districts
9.4 Introduction to Redistricting
10. Political Parties, Political Gerrymandering, and Political Competition
10.1 Why Parties? Political Competition in Political Science and Law
10.2 Partisan Gerrymandering
10.3 Obligations and Associational Rights of Political Parties
10.4 Minor Parties and Independent Candidates
11. The Voting Rights Act, Race, and Redistricting
11.1 Origins of the Voting Rights Act and the Workings of Section 5 Preclearance
11.2 Shelby County and the End of Section 5 Preclearance
11.3 Section 2 of the Voting Rights Act: Redistricting and Beyond
11.3.1 Section 2 and Redistricting
11.3.2 Section 2 Beyond Redistricting
11.4 Racial Gerrymandering Claims and the Future of the Voting Rights Act
12. Election Administration
12.1 Introduction: Florida 2000 as the Modern Start of the Voting Wars
12.2 The Fight Over Voter Identification Laws, and Broader Disputes over
Election Administration Laws Since 2000
12.3 NVRA, HAVA, UOCAVA, and Limits on the Federal Power to Regulate
Elections
Part IV—Campaign Finance
13. Introduction to Campaign Finance: Spending Limits from Buckley to Citizens United
13.1 Introduction
13.2 The Buckley v. Valeo Framework
13.2.1 Before Buckley: The History of U.S. Campaign Finance Law
13.2.2 Buckley’s Major Holdings on Contributions and Expenditures
13.3 Spending Limits After Buckley
13.3.1 Before Citizens United
13.3.2 Citizens United and Beyond
14. Campaign Contribution Limits from Buckley to Citizens United and Beyond
14.1 The Path from Buckley to Deference
14.2 New Skepticism about Contribution Limits
14.3 The Rise of Super PACs and Other Outside Groups
15. Campaign Finance Disclosure
15.1 The Path from Buckley to McIntyre
15.2 After McIntyre: Broad Disclosure Laws and a Narrow Harassment
Exemption
15.3 The Rise of 501(c) Organizations and the Failures of Federal Disclosure
Law
16. Public Financing
16.1 Why Public Financing?
16.2 Constitutional Issues with Public Financing Plans
16.2.1 Discrimination Against Minor Parties and Voluntariness
16.2.2 Impermissibility of Matching Funds Tied to Others’
Campaign Spending