My scholarship focuses on election law and voting rights.
Books:
- Vote for US: How to Change the Future of Voting and Take Back Our Elections (Prometheus Books 2019).
- Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014) (with Edward B. Foley and Michael J. Pitts).
- Election Law Stories (Foundation Press 2016) (editor, with Eugene D. Mazo).
Law Review Articles:
- Undue Deference to States in the 2020 Election Litigation, 30 William and Mary Bill of Rights Journal (forthcoming 2021).
- “How the Sausage Gets Made”: Voter ID and Deliberative Democracy, 100 Nebraska Law Review (forthcoming 2021).
- Bring the Masks and Sanitizer: The Surprising Bipartisan Consensus About Safety Measures for In-Person Voting During the Coronavirus Pandemic 55 Georgia Law Review (forthcoming 2021) (with Michael A. Zilis)
- The Loch Ness Monster, Haggis, and a Lower Voting Age: What America Can Learn from Scotland, 69 American University Law Review 1433 (2020) (symposium issue).
- Precedent, Three-Judge District Courts, and the Law of Democracy, 107 Georgetown Law Journal 413 (2018) (with Michael Solimine).
- A Voice In The Wilderness: John Paul Stevens, Election Law, and A Theory of Impartial Governance, 60 William & Mary Law Review 335 (2018) (with Cody Barnett).
- The Right to Vote Under Local Law, 85 George Washington Law Review 1039 (2017).
- Local Democracy on the Ballot, 111 Northwestern University Law Review Online 173 (2017).
- In Defense of Lowering the Voting Age, 165 University of Pennsylvania Law Review Online 63 (2017).
- A Checklist Manifesto for Election Day: How to Prevent Mistakes at the Polls, 43 Florida State Law Review 353 (2016).
- State Judges and the Right to Vote, 77 Ohio State Law Journal 1 (2016).
- (Mis)trusting States to Run Elections, 92 Washington University Law Review 553 (2015).
- The Right to Vote Under State Constitutions, 67 Vanderbilt Law Review 89 (2014).
- Election Law Pleading, 81 George Washington Law Review 1966 (2013).
- Procedural Fairness in Election Contests, 88 Indiana Law Journal 1 (2013) (winner of the 2011-12 SEALS Call for Papers).
- The Procedure of Election Law in Federal Courts, 2011 Utah Law Review 433.
- The Significance of the Shift Toward As-Applied Challenges in Election Law, 37 Hofstra Law Review 635 (2009).
- Is the Right to Vote Really Fundamental?, 18 Cornell Journal of Law and Public Policy 143 (2008).
Book Chapters, Essays, and Solicited Pieces:
- The Case for Same-Day Voter Registration, The Justice Collaborative Institute, August 2020.
- Congress Must Count the Votes: The Danger of Not Including a State’s Electoral College Votes During a Disputed Presidential Election, 81 Ohio State Law Journal Online 183 (2020) (Election Law Roundtable Edition).
- Lift Every Voice: The Urgency of Universal Civic Duty Voting, Universal Voting Working Group, Brookings Institution and The Ash Center for Democratic Governance and Innovation, Harvard Kennedy School (2020) (co-author of legal section and contributor to full report).
- Elections as Duels: “You Know What? We Can Change That! You Know Why? ‘Cuz We Have the Support of Two-Thirds of Each House of Congress and Three Quarters of the States!”, in The Law of Hamilton: An American Musical (Cornell University Press forthcoming 2020).
- REPORT: Age Discrimination In Voting At Home, Coalition of Voting Rights Organizations (2020).
- Lowering the Voting Age from the Ground Up: The United States’ Experience in Allowing 16-Year-Olds to Vote, in Lowering the Voting Age to 16 – Learning from Real Experiences Worldwide (Palgrave Macmillan 2020).
- Democracy Reform, One Ballot at a Time, Harvard Law Review Blog (2019).
- Expanding Voting Rights Through Local Law, ACS Issue Brief (2017).
- The Story of Crawford v. Marion County Election Board and the History of Voter ID Laws, in Election Law Stories (2016).
- Election Law at the Local Level, 15 Election Law Journal 232 (2016) (introducing symposium issue as guest editor).
- A Pivotal Moment in Election Law, 104 Kentucky Law Journal 547 (2016) (introducing symposium issue).
- A Formal Recognition of Our Field, 14 Election Law Journal 239 (2015) (introducing symposium issue as guest editor).
- To Protect the Right to Vote, Look to State Courts and State Constitutions, American Constitution Society Issue Brief (2015).
- Regulation of Federal Elections and Regulation of State Elections, Encyclopedia of American Governance (MacMillan 2015).
- Amicus Brief Supporting Petitioners, Shapiro v. McManus, No. 14-990 (U.S. Supreme Court) (with Michael Solimine) (the Court sided with the Petitioners 9-0).
- The Foundational Importance of Participation: A Response to Professor Flanders, 66 Oklahoma Law Review 81 (2013) (Election Law Symposium Issue).
- To HAVA, and Beyond!, 12 Election Law Journal 233 (2013) (reviewing Martha Kropf & David C. Kimball, Helping America Vote (2011)).
- Discouraging Election Contests, 47 University of Richmond Law Review 1015 (2013) (Election Law Symposium Issue).
- Enlivening Election Law, 56 Saint Louis University Law Journal 767 (2012) (Teaching Election Law Issue).
- Election Law and Civil Discourse: The Promise of ADR, 27 Ohio State Journal on Dispute Resolution 291 (2012) (Election Law Symposium Issue).
- The Voting Rights Act Through the Justices’ Eyes: NAMUDNO and Beyond, 88 Texas Law Review See Also 1 (2009).
- When is a “Minor” also an “Adult”?: An Adolescent’s Liberty Interest in Accessing Contraceptives from Public School Distribution Programs, 43 Willamette Law Review 545 (2007).
- Note, A Vote for Clarity: Updating the Supreme Court’s Severe Burden Test for State Election Regulations that Adversely Impact an Individual’s Right to Vote, 75 George Washington Law Review 372 (2007).
