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Election Law and Litigation: The Judicial Regulation of Politics, Second Edition

Authors
  • Edward B. Foley
  • Michael J. Pitts
  • Joshua A. Douglas
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

This casebook offers a student-friendly, practical approach with carefully designed pedagogical features. Its streamlined approach tracks the chronological order of an election, with significant focus on election administration. The authors have considered carefully how to make this book as student oriented as possible. The case selections reflect both the key Supreme Court decisions in this field and lower court decisions that are particularly well-suited to aid student comprehension. The cases are set up with introductory material that highlights for students the key points they should consider while reading. The cases are carefully edited to remove any unnecessary distractions. The notes following each case raise the types of thought-provoking questions a professor might ask in class. There are no extraneous "case notes" or lengthy citations to lower court opinions or law review articles. Every aspect of this book is geared toward ensuring this is a true teaching text.

New to the Second Edition:

  • Developments from the 2016 and 2020 elections
  • Recent cases from the Supreme Court and lower courts, including on redistricting and gerrymandering, campaign finance, foreign interference with elections, and the voting process

Professors and student will benefit from:

  • Tightly edited cases to provide professors with assignments students can reasonably digest and that professors can reasonably teach within the confines of a typical law school course
  • Useful notes that help serve as classroom discussion tools
  • Up to date with the most recent Supreme Court and lower court decisions
  • Student- and professor-friendly: Each unit is designed to correspond to one hour of classroom teaching, with the cases and notes edited to conform to tight word limits, so that the amount of reading for each class is suitably tailored to the amount of time for class discussion
  • Streamlined, chronological approach: This casebook tracks the election lifecycle in chronological order—from defining the district to run in, to appearing on the ballot, to running a campaign (including spending and campaign finance), to registering to vote and the casting and counting of ballots (including post-election disputes)
  • Topical, straightforward organization
  • Balanced, practical coverage: Significant focus is placed on election administration, the nuts-and-bolts of running an election, and post-election controversies, with considerable devotion to all primary areas of election law, including districting and campaign finance, without overemphasizing any particular area to the detriment of others
  • Nonpartisan viewpoint: Allows students and professors to use the book comfortably, no matter their own personal political or ideological perspectives, and in a way that creates a classroom dynamic that is balanced and open to various partisan and political views
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About the authors
Edward B. Foley
Chief Justice Thomas J. Moyer Professor for the Administration of Justice and the Rule of Law
The Ohio State University, Moritz College of Law

Edward B. Foley, the Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Law, is the Director of Election Law at Moritz. He also serves as a reporter for the American Law Institutersquo;s Election Law Project. Professor Foleyrsquo;s teaching and scholarship cover the full field of election law. His current research focuses on the resolution of vote-counting disputes, and his recent publications include a three-part series in theElection Law Journal (volume 10) on Minnesotarsquo;s 2008 U.S. Senate election: The Lake Wobegone Recount (pp. 129-164), How Fair Can Be Faster (pp. 187-226), and The Tale of Two Teams (pp. 475-482). On Sept. 14, 2012, Professor Foley delivered the keynote address Virtue over Party: An Example of Electoral Heroism and Why It Matters at a symposium at the University of California, Irvine. He is also the author of The Foundersrsquo; Bush v. Gore: The 1792 Election Dispute and Its Continuing Relevance, 44 Indiana L. Rev. 23 (2010), which he delivered at Ohio State on Oct. 14, 2008, as the University Distinguished Lecture. He is at work on a book about the history of disputed elections in the United States, from the founding era to the present.

Michael J. Pitts
Professor of Law and Dean&spamp;#39;s Fellow
Indiana University Robert H. McKinney School of Law

Mike Pitts joined the law school faculty in the fall of 2006 after serving for one year as a visiting assistant professor at the University of Nebraska College of Law where he taught constitutional law, professional responsibility, employment discrimination, and election law. From 2001 to 2005, he practiced as a trial attorney in the Voting Section of the United States Department of Justice. He is a graduate of Georgetown University Law Center, where he was a member of the Order of the Coif and served as an associate editor of The Georgetown Law Journal. Following law school, he clerked for the Honorable C. Arlen Beam, United States Court of Appeals for the Eighth Circuit. Professor Pittsrsquo; scholarly work focuses on the law of democracy, particularly voting rights and election administration. His work has been cited in law reviews, political science journals, briefs, federal and state judicial opinions, and congressional testimony. He has been named a John S. Grimes fellow three times (2008-09, 2009-10, 2011-12) and a Deanrsquo;s Fellow in recognition of scholarly excellence five times (2007-11). Professor Pitts frequently provides commentary about election law issues to the media and has been quoted by The Associated Press and The New York Times, and has appeared on CNN. He also is a two-time winner of the Red Cane Award for Best New Professor (2008 and 2009), a two-time winner of the Black Cane Award for Best Professor (2010 and 2014), and a recipient of a Trusteersquo;s Teaching Award (2010).

Joshua A. Douglas
Assistant Professor of Law
University of Kentucky College of Law

Professor Joshua A. Douglas is a leading election law expert. His research focuses on the constitutional right to vote, election administration, judicial interaction with the election process, and post-election disputes. Professor Douglas has published in top journals, including the Vanderbilt Law Review,George Washington Law Review, Indiana Law Journal, and the Election Law Journal. His article Procedural Fairness in Election Contestswas a winner of the 2011-12 SEALS Call for Papers, and he has been cited extensively in major law review articles and case books in the field. He is also a co-author of a new Election Law case book (Aspen Publishers, 2014). In addition, his media commentaries have appeared in Reuters, Politico, Huffington Post, and Slate, and he has been cited in major newspapers such as the New York Times and the Washington Post. He is also a repeat guest blogger on PrawfsBlawg. Professor Douglas teaches Election Law, Civil Procedure, and a seminar on Supreme Court decision making. Prior to law school, Professor Douglas clerked for the Honorable Edward C. Prado of the U.S. Court of Appeals for the Fifth Circuit and practiced litigation at the law firm of Akin, Gump, Strauss, Hauer Feld. Professor Douglas earned his J.D. from George Washington University Law School, where he was an articles editor on the Law Review. Professor Douglas is involved in the local community, serving as President of his neighborhood association. In his spare time, he spends time with his wife and young daughter, trains for marathons, watches baseball, and travels the country and the world.

Product Information
Edition
Second Edition
Publication date
2021-10-03
Copyright Year
2022
Pages
864
Connected eBook + Hardcover
9781454892700
Connected eBook (Digital Only)
9781543849479
Subject
Constitutional Law
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