This book offers a critical re-evaluation of three fundamental and interlocking themes in American democracy: the relationship between race and politics, the performance and reform of election systems and the role of courts in regulating the political process. This edited volume features contributions from some of the leading voices in election law and social science. The authors address the recurring questions for American democracy and identify new challenges for the twenty-first century. They not only consider where current policy and scholarship are headed, but also suggest where they ought to go over the next two decades. The book thus provides intellectual guideposts for future scholarship and policy making in American democracy.

The third edition of Election Law in the American Political System pivots to place front and center the profound challenges to American democracy posed by the emergence of a political environment in which repeated, partisan attempts to undermine longstanding democratic processes have become a new norm of political contestation. Like prior editions, it offers an easy to teach, student-friendly, intellectually rich casebook with comprehensive coverage of the legal rules and doctrines that shape democratic participation in the 21st century American political system. New to the Third Edition: Addresses the perils currently facing American democracy including democratic backsliding, authoritarianism, and election denialism Contextualizes the problem of democratic backsliding as a global phenomenon Provides important intellectual framework and scaffolding by explaining the joint pathologies of illiberalism and populism and how they affect American democracy Updated caselaw with partisan gerrymandering: Rucho v. Common Cause; the Voting Rights Act: Brnovich v. Democratic National Committee; racial gerrymandering: Cooper v. Harris; and political speech: Minnesota Voters Alliance v. Mansky Professors and students will benefit from: Organization that tracks the lifecycle of the democratic process from distribution of the franchise to processes and relationships of representation and through parties, candidate selection, campaign speech and spending, to electoral administration. Multidisciplinary coverage of theories of voting behavior, alternative electoral systems, evolution of judicial review of democratic processes, and developments concerning the advent of “fake news” in election campaigns. Comprehensive coverage of developments in partisan gerrymandering, the Voting Rights Act, judicial campaigning, campaign finance, and electoral administration. A focus on the current problems facing American democracy. A rich set of theoretical materials to help facilitate teaching and engagement of doctrine Well-organized and self-contained units that allow professors to cover topics in the depth and breadth they prefer. Clear, concise, and informative notes to help focus student attention on the issues that are relevant.

Election law plays a critical role in regulating the political arena at a time when Americans are witnessing unprecedented levels of polarization. The Oxford Handbook of American Election Law provides a comprehensive overview of the field, a survey of core themes, and summaries of the most pressing debates. Bringing together 47 leading scholars of election law, the Handbook offers readers a clearly written guide to aid navigation through this complex area, tackling controversial issues and situating them within the field's ongoing scholarly dialogue. Unparalleled in the breadth and depth of its coverage, The Oxford Handbook of American Election Law is an invaluable resource for scholars, students, policymakers, and practitioners.

While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.

For fifty years, The Supreme Court Review has been lauded for providing authoritative discussion of the Court's most significant decisions. The Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. Recent volumes have considered such issues as post-9/11 security, the 2000 presidential election, cross burning, federalism and state sovereignty, failed Supreme Court nominations, the battles concerning same-sex marriage, and numerous First and Fourth amendment cases.

This collective work offers a historical approach to the issue of voters’ mobilisation and, through case studies, aims to expand the fi eld’s research agenda by taking into account less familiar mobilising strategies from various groups or parties, both in Britain and the United States. Two different yet complementary approaches are used, one from the top down with political parties, the other from the bottom up with grassroots organisations, to analyze how these groups either (re-)connect citizens with politics or give birth to social movements which durably occupy and change the political landscape of the United States and Britain.

This book studies how American political reform efforts often fail because of the unrealistic ideal of a fully informed and engaged citizenry.

Race and Partisanship in California Redistricting: From the 1965 Voting Rights Act to Present studies redistricting and its evolution in California since the passage of the 1965 Voting Rights Act. It poses the question: What is the interactive play of race and partisanship in redefining the meaning of political representation through redistricting? Unlike other studies of redistricting, it focuses not on the South but on the West, not on White versus Black, but on the difficulties of diversity. It tells the story of redistricting in California, which has now become one of the most left-leaning states and is considered a harbinger of political trends in the United States. Ultimately, this is a book that looks forward by looking backward at the tug-and-pull of redistricting efforts aimed at ensuring greater equality in a racially diverse democracy and asks: What is the role played by race and partisanship in the voting rights revolution? How does that vary far from the traditional flashpoints of American race relations? What does that tell us about the redefinition of political representation in the past half-century? And––most crucially––what does it foretell, for the next half century?

The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2012 Term, articles and essays include: • Foreword: "Equality Divided," by Reva B. Siegel • Comment: "Beyond the Discrimination Model on Voting," by Samuel Issacharoff • Comment: "Windsor and Brown: Marriage Equality and Racial Equality," by Michael J. Klarman • Comment: "License, Registration, Cheek Swab: DNA Testing and the Divided Court," by Erin Murphy The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Ruth Bader Ginsburg and her 20 years on the Court. The essays are written by such scholars as Deborah Anker, Susan Farbstein, Judge Nancy Gertner, Lani Guinier, Vicki Jackson, Richard Lazarus, John Manning, Martha Minow, Carol Steiker, Julie Suk, Laurence Tribe, and Mark Tushnet. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects. Student commentary on Leading Cases of the 2012 Term includes recent cases on: federal preemption regarding elections; the Privileges and Immunities Clause; unconstitutional conditions violating free speech; effective assistance of counsel; dog-sniffing at the doorstep under the Fourth Amendment; jury trial right for mandatory sentencing; affirmative action in public universities; class action certification in securities cases; class action waivers in arbitration clauses; plain error review when new law is made after appeal; standing in government surveillance challenges; extraterritoriality under the Alien Tort Statute; actual innocence under AEDPA; deference to agencies in clean water and communication act cases; the First Sale Doctrine in copyright law; patent exhaustion; patentable subject matter; reverse payment settlements; Indian adoptions; and employer liability for supervisor harassment under Title VII. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications.