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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.

What We Could Do With a National Citizens' Initiative: Control Pay!

Posted on August 12, 2013, 2:41 pm

The Swiss voters on March 3rd demonstrated the power of a national citizens’ initiative right. Sixty-eight percent of Swiss voters voted in favor of something formally called the Minder Initiative, named after Thomas Minder, the politician who created it, that puts heavy controls on executive salaries at Swiss companies. Informally the Initiative was named the “Rip-Off Initiative.”


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