Scholarship

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:

Bring the Masks and Sanitizer: The Surprising Bipartisan Consensus About Safety Measures for In-Person Voting During the Coronavirus Pandemic (forthcoming 2020) (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).