Scholarship

My scholarship focuses on election law and voting rights.

Books:

• The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights (Beacon Press 2024).
• 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:

• The Power of the Electorate Under State Constitutions, 76 Florida Law Review (forthcoming 2024).
• A Major Wrong on a Private Right of Action Under the Voting Rights Act, 81 Washington and Lee Law Review __ (forthcoming 2024) (with Macin Graber)
• There Must Be Something in the Water—Or the Bourbon—In Kentucky: Voting Rights in the Bluegrass State, 111 Kentucky Law Journal 581 (2023) (introducing symposium issue).
• State Constitutions and Youth Voting Rights, 74 Rutgers University Law Review  1729 (2022) (symposium issue).
• Undue Deference to States in the 2020 Election Litigation, 30 William and Mary Bill of Rights Journal 59 (2021).
• “How the Sausage Gets Made”: Voter ID and Deliberative Democracy, 100 Nebraska Law Review 376 (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 1585 (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:

• A History of Third-Party Voter Registration Drives, Institute for Responsive Government (May 2023).
• Running in an Election Doesn’t Mean You Know How to Run Elections: The Case for Including Local Election Administrators in Voting Policy Debates, Constitutional Conversations, Center for Constitutional Design, Arizona State University (2022).
• Establishing Justice, Securing the Blessings of Liberty: Why Civic Duty Voting Is Constitutional in One Hundred Percent Democracy: The Case for Universal Voting (E.J. Dionne and Miles Rapaport, authors) (New Press 2022) (co-author of this chapter)
• 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).