Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-p2v8j Total loading time: 0 Render date: 2024-06-08T05:42:52.865Z Has data issue: false hasContentIssue false

Overview: Mapping Election Law's Interior

Published online by Cambridge University Press:  01 June 2011

David Schleicher
Affiliation:
George Mason University School of Law
Guy-Uriel E. Charles
Affiliation:
Duke Law School
Heather K. Gerken
Affiliation:
Yale Law School
Michael S. Kang
Affiliation:
Emory University, Atlanta
Get access

Summary

This chapter is full of innovative and highly individual work. While each piece is valuable on its own, together they form something of a cross-section of contemporary work in election law, providing us with an opportunity to see the interests and ambitions of the field as a whole. After a decade in which theoretical engagement took a bit of a back seat to studying the machinery of elections, the pieces in the chapter reveal a field in which scholars are once again asking big questions about how law interacts with and shapes the practice of democracy. Each piece builds on methodological insights of election law's first generation of theoretical work, which was created to understand how the Supreme Court addresses, and should address, problems like legislative self-dealing and limits on minority representation. But they apply them to new problems, taking the study of election law outside of the confines of the courthouse or even outside of the country, examining questions ranging from how to change the process through which election laws are created in the first place to what form judicial review of election law should take in transitional democracies. Further, they each incorporate new ways of thinking about the bodies that either regulate or are regulated by election law, adding to previous models ideas about how voters develop political opinions, how opinions affect the perceived legitimacy of elections, and how courts decide election cases.

Type
Chapter
Information
Race, Reform, and Regulation of the Electoral Process
Recurring Puzzles in American Democracy
, pp. 75 - 85
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Charles, Guy-Uriel, Democracy and Distortion, Cornell Law Review (2007) 92.
Charles, Guy-Uriel, Judging the Law of Politics, Michigan Law Review 103 (2005) 1115–41.Google Scholar
Downs, Anthony, An Economic Theory of Democracy (1957) 115–22.
Gerken, Heather, The Democracy Index: Why Our Election System Is Failing and How to Fix It (2009) 7.
Gilbert, Michael D., How Much Does Law Matter? Theory and Evidence from Single Subject Adjudication, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1433796.
Hasen, Rick, The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (2003).
Horowitz, Donald, Ethnic Groups in Conflict (1985) 569.
Hotelling, Harold, Stability in Competition, Economic Journal 39 (1929) 41.CrossRefGoogle Scholar
Issacharoff, Samuel, Private Parties with Public Purposes: Political Parties, Associational Freedoms, and Partisan Competition, Columbia Law Review 274 (2001) 275.Google Scholar
Issacharoff, Samuel, Gerrymandering and Political Cartels, Harvard Law Review 116 (2002a) 593.CrossRefGoogle Scholar
Issacharoff, Samuel, Why Elections?Harvard Law Review 116 (2002b) 684.CrossRefGoogle Scholar
Issacharoff, Samuel, “Fragile Democracies,” Harvard Law Review 120 (2007) 1405.
Issacharoff, Samuel and Karlan, Pamela S., “The Hydraulics of Campaign Finance Reform,” Texas Law Review 77 (1999) 1705.Google Scholar
Issacharoff, Samuel and Pildes, Richard H., Election Law as Its Own Field of Study: Not by ‘Election’ Along, Loyola Los Angeles Law Review 32 (1999) 1183.Google Scholar
Issacharoff, Samuel and Pildes, Richard H., Politics as Markets: Partisan Lockups of the Democratic Process, Stanford Law Review (1998) 643.CrossRefGoogle Scholar
Karlan, Pamela S., Nothing Personal: The Evolution of the Newest Equal Protection from Shaw v. Reno to Bush v. Gore, North Carolina Law Review 79 (2001) 1346.Google Scholar
Krugman, Paul, Development, Geography, and Economic Theory (Ohlin Lectures) (1995) 1–6, 66–81.
Levinson, Daryl, Parchment and Politics: The Positive Puzzle of Constitutional Commitment, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1577749.
Levinson, Daryl J. and Pildes, Richard H., Separation of Parties, Not Powers, Harvard Law Review 199 (2006) 2315.
Lijphardt, Arend, Democracy in Plural Societies: A Comparative Exploration (1977) 25.
Lowenstein, Daniel, The Supreme Court Has No Theory of Politics, in Daniel K. Ryden, ed, The US Supreme Court and the Electoral Process (2000) 260–3.
Persily, Nathaniel, In Defense of Foxes Guarding Henhouses: The Case for Judicial Acquiescence to Incumbent-Protecting Gerrymanders, Harvard Law Review 116 (2002) 649.CrossRefGoogle Scholar
Pildes, Richard H., Foreword: The Constitutionalization of Democratic Politics, Harvard Law Review 118 (2004) 142.Google Scholar
Pildes, Richard H., The Theory of Political Competition, Virginia Law Review 85 (1999) 1605–6.CrossRefGoogle Scholar
Schleicher, David, “Irrational Voters, Rational Voting,” Election Law Journal 7 (2008) 155.Google Scholar
Schleicher, David, ‘Politics as Markets’ Reconsidered: Natural Monopolies, Competitive Democratic Philosophy and Primary Ballot Access in American Elections, Supreme Court Economic Review 14 (2006) 163, 176.CrossRefGoogle Scholar
Schleicher, David, “Irrational Voters, Rational Voting,” Election Law Journal 7 (2008) 155. David Schleicher, “What if Europe Held and Election and No One Cared?” Harvard International Law Journal 52 (forthcoming 2010) 40, 44, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1525015.
Schumpeter, Joseph, Capitalism, Socialism and Democracy (1942) 270–3.

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×