Edward B. Foley

Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law @ Moritz
Contact Information:

(614) 292-4288 Drinko 465

  • B.A., Yale University, History, 1983 (magna cum laude)
  • J.D., Columbia University School of Law, 1986

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Areas of Expertise:
  • Constitutional Law
  • Election Law
  • Voting Rights

Edward B. Foley (known as “Ned”) directs Election Law @ Moritz at Ohio State’s law school, where he also holds the Ebersold Chair in Constitutional Law.

His book Ballot Battles: The History of Disputed Elections in the United States, to be published by Oxford University Press, is scheduled for release on December 1, 2015.

Ned also serves as the Reporter for the American Law Institute’s Election Law Project, which is developing nonpartisan rules for the resolution of disputed elections.

While Ned has special expertise on the topics of recounts and provisional ballots, this year he also co-authored a casebook, Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014), which covers all aspects of election law.

Among his many articles, recent ones include:

Voters as Fiduciaries, University of Chicago Legal Forum (forthcoming 2015)

The Speaking Ballot, 89 N.Y.U. L. Rev. Online 52 (2014)

Virtue over Party: Samuel Randall’s Electoral Heroism and Its Continuing Importance, 3 U.C. Irvine L. Rev. 475 (2013)

A Big Blue Shift: Measuring an Asymmetrically Increasing Margin of Litigation, 28 J. L. & Pol. 501 (2013)

The Posterity Project: Developing a Method for Long-Term Political Reform, 66 Oklahoma L. Rev. 1 (2013)

Voting Rules and Constitutional Law, 81 Geo. Wash. L. Rev. 1836 (2013)

The Separation of Electoral Powers, 74 Montana L. Rev. 139-163 (2013)

Professor Foley has taught at Ohio State since 1991. Before then, he clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals and Justice Harry Blackmun of the United States Supreme Court. In 1999, he took a leave from the faculty to serve as the state solicitor in the office of Ohio’s Attorney General. In that capacity, he was responsible for the state’s appellate and constitutional cases.

Professor Foley is a graduate of Columbia University School of Law and Yale College.