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Election Law and Litigation: The Judicial Regulation of Politics

Edward B. Foley, Michael J. Pitts, Joshua A. Douglas


  • ISBN: 9780735569997

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  • Description

    Election Law and Litigation: The Judicial Regulation of Politics 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 also 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 edited to remove any distractions, such as unnecessary text and lengthy citations. The notes after the cases provide the kinds of 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.

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  • Details
    Page Count 864
    Published 04/11/2014
  • Additional Product Details

    Detailed Table of Contents (PDF Download)
    Introduction (PDF Download)

    Summary of Contents




    I     The Law of Legislative Districting

    II    The Law of Nominating Candidates

    III   The Law of Campaign Practices

    IV  The Law of Voting

    Table of Cases


  • Author Information

    Michael J. Pitts

    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 Pitts’ 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 Dean’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 Trustee’s Teaching Award (2010).

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    Joshua A. Douglas

    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.

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    Edward B. Foley

    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 Institute’s Election Law Project.

    Professor Foley’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 Minnesota’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 Founders’ 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.

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