Election Law

Judicial Ideology and the Transformation of Voting Rights Jurisprudence
Adam B. Cox
Assistant Professor of Law, The University of Chicago
Thomas J. Miles
Assistant Professor of Law, The University of Chicago

We are grateful to Rosalind Dixon, Heather Gerken, Rick Hasen, Sam Issacharoff, Jonathan Masur, Rick Pildes, Adam Samaha, Max Schanzenbach, Josh Sellers, Cass Sunstein, Emerson Tiller, Dan Tokaji, and Fred Vars for helpful comments and conversations. We would also like to thank the workshop participants at Northwestern University School of Law, University of Toronto Faculty of Law, Yale Law School, the Searle Symposium on Empirical Studies of Civil Liability, and the Conference on Empirical Legal Studies. Carolyn Sha and Annabelle Yang provided invaluable research assistance.

The Timing of Elections
Christopher R. Berry
Assistant Professor of Public Policy, The University of Chicago
Jacob E. Gersen
Assistant Professor of Law, The University of Chicago Law School

Excellent research assistance was provided by Sarah Anzia, Cynthia Dubois, Monica Groat, Masataka Harada, Brian McLeish, William Sullivan, and Lindsay Wilhelm.

Reconsidering Racial and Partisan Gerrymandering
Adam B. Cox
Professor of Law, The University of Chicago Law School
Richard T. Holden
Assistant Professor of Economics and Neubauer Family Faculty Fellow, The University of Chicago Booth School of Business; Faculty Research Fellow, National Bureau of Economic Research

Many thanks to Rosalind Dixon, Adam Feibelman, Josh Fischman, Heather Gerken, Aziz Huq, Alison LaCroix, Anup Malani, Tom Miles, Courtney Oliva, Rick Pildes, Eric Posner, Arden Rowell, Adam Samaha, Lior Strahilevitz, David Strauss, Adrian Vermeule, and workshop participants at The University of Chicago Law School, Boston University School of Law, Northwestern University School of Law, Southern Methodist University School of Law, Tulane University Law School, and The University of Texas School of Law for helpful conversations and comments on earlier drafts. Special thanks also to Jesse Galdston and Louisa Zhou for impeccable research assistance.

Due Process, Fair Play, and Excessive Partisanship: A New Principle for Judicial Review of Election Laws
Edward B. Foley
Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law and Director, Election Law @ Moritz, The Ohio State University Moritz College of Law

This Article, part of a larger project on the concept of fair play in electoral competition, grows out of research conducted during a fellowship at Stanford University’s Center on Democracy, Development, and the Rule of Law (CDDRL). I am extremely grateful, both for the fellowship itself and for the many helpful exchanges of ideas during the fellowship, to Bruce E. Cain, Larry Diamond, Francis Fukuyama, Nathaniel Persily, and Stephen J. Stedman. While at Stanford, I had the opportunity to present an early version of this Article at the Stanford Law Review’s symposium on the “Law of Democracy” (February 5, 2016), and also as part of a CDDRL workshop (February 25, 2016). I also presented a version at the University of Kentucky College of Law (April 1, 2016). I very much appreciate the feedback I have received from those who participated at these events, including Tabatha Abu El-Haj, Stephen Ansolabehere, Rabia Belt, Guy-Uriel Charles, Joshua A. Douglas, Luis Fuentes-Rohwer, Heather Gerken, Richard L. Hasen, Samuel Issacharoff, Michael S. Kang, Eugene Mazo, Michael W. McConnell, Maggie McKinley, Spencer A. Overton, Richard H. Pildes, Bertrall Ross, Jane S. Schacter, Nicholas Stephanopoulos, and Justin Weinstein-Tull. As always, I’ve benefited immensely from feedback received from my Moritz colleagues, especially Steven F. Huefner and Christopher J. Walker, as well as Michael Les Benedict, Lisa Marshall Manheim, and Evan Zoldan. I have also been tremendously fortunate to work with Matt Cooper and Paul Gatz, two of Moritz’s superb law librarians, who have been amazingly creative and effective in unearthing a wide range of sources for this project.

Can the US Constitution, as currently written, handle the problem of excessive partisanship? Or, instead, does the Constitution need to be amended to address this problem?