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Election Law @ Moritz is 10 Years Old!

Posted on September 18, 2014, 12:05 pm

Back in 2004, those of us who worked on election law here at Ohio State realized that Ohio might play a pivotal role in the upcoming presidential election. (It did, but for the sake of the nation not as pivotally as it might have.) We also knew that 2004 would be the first presidential election after passage of the Help America Vote Act, with all its new rules on voter registration databases, voter identification, and provisional ballots. We thought it might be useful if, as a team, we tried to get up to speed on the new terrain of “election administration law,” which had been a sleepy field in terms of scholarship before 2000. We had a sense that teamwork would enable us to produce various forms of useful scholarship that we could not accomplish working separately.

Ohio Early Voting Case: A Potential Precedent-Setter

Posted on September 4, 2014, 11:00 pm

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

What's the Matter with Kobach?

Posted on August 27, 2014, 7:00 am

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

Of Bouncing Balls and a Big Blue Shift

Posted on November 10, 2013, 10:50 pm

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia.  Read full post here.

Law as Tiller, Justice as Compass: A Tribute to Tom Moyer

Posted on October 1, 2013, 1:00 pm

These remarks were delivered at the Ohio Judicial Conference’s 50th anniversary celebration, on September 12, 2013, to honor the late Chief Justice Thomas Moyer. In light of the theme of reflecting on the differences in our legal system between 1963 and now, this talk focused on the Reapportionment Revolution that occurred a half-century ago, how it compares to the Progressive Era’s political reforms a full century ago, and how future generations will look back upon our time and the way in which we handle the current dysfunction of our political system. The talk specifically mentioned the Ohio Constitutional Modernization Commission, an inherently bipartisan body tasked with proposing political reforms for the state, and concluded with the observation that Tom Moyer would have wished for this Commission to succeed.


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