Election Law

Introduction The Electoral College has resulted in the loser of the national popular vote winning the presidency five times in our history, including twice in the past two decades. Over the course of more than two centuries, it has become one of the two most popular subjects for constitutional amendment proposals. But be­cause of the […]

Introduction Professor Kang raises two fundamental worries about the associa­tional path to party reform in The Problem of Irresponsible Party Government, his response to my essay, Networking the Party: First Amendment Rights and the Pursuit of Responsive Party Government. First, he doubts the feasibility of reestablishing thick relational parties given social, techno­logical, and cultural changes […]

Introduction American party politics may be as nationally competitive as they have ever been, but at the same time they are perhaps as unresponsive to aver­age citizens as they have been in a long time. It is this paradox that Professor Tabatha Abu El-Haj creatively interrogates in her essay, Networking the Party: First Amendment Rights […]

Introduction Partisan gerrymandering has a lengthy history, as political parties in power have repeatedly sought to construct electoral districts in ways that disfavor the minority party and ensure majority-party dominance. While more recently it appears that Republicans have reaped more of the bene­fits of partisan gerrymandering, over the past fifty years, each major politi­cal party, […]

The most recent call for judicial intervention into state partisan gerrymandering practices ran aground on the shoals of standing doctrine in Gill v. Whitford. The First Amendment stood at the center of this latest gerrymandering challenge. Democratic voters claimed that the legislative districting scheme infringed on their associational rights by denying their party an opportunity for...

Federal campaign finance law prohibits foreign nationals from making contributions or expenditures of “money or other thing of value” in connection with American elections and prohibits anyone from solic­iting such a contribution or expenditure. The revelation that officials from Donald Trump’s 2016 presidential campaign met with Russian nationals after being told they would receive “information that would incriminate” Hillary Clinton,...