In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.

Softbound - New, softbound print book.

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Election Law and Litigation: The Judicial Regulation of Politics

Election law is a dynamic and quickly growing field that has garnered enormous public interest. It is a subject of great practical importance to lawyers and law students, with increasing litigation and several important decisions from the Supreme Court in recent years. Tokaji's Election Law in a Nutshell provides a succinct and thorough description of the law governing voting rights, elections, and the political process in the United States. The topics addressed include the fundamental right to vote, gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell covers the constitutional law in these areas, including rights of free speech and equal protection, as well as the Voting Rights Act and other essential statutes. It addresses Shelby County v. Holder and other cases from the 2012-13 Supreme Court Term.

This book is a snapshot of America's voting and electoral practices, problems, and most current issues. The book addresses a variety of fundamental areas concerning election law from a federal perspective such as the Help America Vote Act, lessons learned from the 2000 and 2004 presidential elections, voter identification, and demographic and statistical experts in election litigation, and more. It is a useful guide for lawyers as well as law school professors, election officials, state and local government personnel, and election workers.

The 2014 Supplement is available. Professors who adopt this casebook for their course can receive a complimentary copy of the supplement by emailing their request to crutan (at) cap-press (dot) com. Those who are not adopting this casebook can purchase an Amazon Kindle version of these materials. The first edition of Election Law was the first modern casebook on the subject of election law. Now in its fifth edition, the leading election law casebook covers the right to vote and voter turnout, legislative districting, the Voting Rights Act, racial gerrymandering cause of action, ballot propositions, constitutional rights and obligations of political parties, bribery, regulation of campaign speech, campaign finance, and election administration. The streamlined and student-friendly fifth edition of Election Law fully covers developments in election law in the 2012 election season including: extensive coverage of Citizens United, super PACs, and other campaign finance developments; emerging issues in voting rights and redistricting, including coverage of the Texas redistricting and voter identification cases; and new coverage of issues in judicial elections. It will continue to include perspectives from law and political science, and is appropriate in both law and political science courses. The extensive campaign finance coverage makes the book appropriate for a campaign finance seminar as well. Supplement Description The Supplement is up-to-date through the end of the Supreme Court¿s October 2013 term. It includes an edited version of of the Supreme Court¿s new campaign finance case, McCutcheon v. FEC, an edited version of Shelby County v. Holder, and an edited version of the lower court decision in the Alabama redistricting cases which the Supreme Court will hear in the October 2014 term. The Supplement also considers developments in Voting Rights Act litigation after the Supreme Court¿s Shelby County case and covers litigation over citizenship and other state registration and voting requirements under the Elections Clause following the Supreme Court¿s opinion last term in Arizona v. Inter Tribal Council. It also covers the new Susan B. Anthony false campaign speech case.

This book examines how the United States Supreme Court understands freedom of speech during political campaigns and elections. To address this question, the author considers both the nature of the Court’s evaluation (or vision) of political speech in this context and the process by which this understanding is formulated, with a focus on four recent and representative cases.