“The Judicialization of Politics: The Challenge of the ALI Principles of Election Law Project”

Steve Huefner and Ned Foley have posted this draft on SSRN (forthcoming, Brooklyn Law Review).  Here is the abstract:

The American Law Institute’s “Principles of Election Law” Project is a clear example of the ALI tackling a new and perhaps difficult field. This article elaborates on the main challenges and opportunities that this Project presents. It begins with a brief overview of some of the unique features of election law as a field of American law. In light of these features, it then discusses the Project’s work on the subject of disputed elections, and the Project’s efforts to develop best practices concerning non-precinct voting. It then offers some concluding thoughts about the development of principles of election law.

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