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Ballot battles: the history of disputed elections in the United States
"The 2000 presidential election, with its problems in Florida, was not the first major vote-counting controversy in the nation's history--nor the last. Ballot Battles traces the evolution of America's experience with these disputes, from 1776 to now, explaining why they have proved persistently troublesome and offering an institutional solution"--
1868 and 2024: The Relevance of the Past to the Present
In: Ohio State Legal Studies Research Paper No. Forthcoming
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Self-Districting: The Ultimate Antidote to Gerrymandering
In: Kentucky Law Journal, Forthcoming
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Total Vote Runoff: A Majority-Maximizing Form of Ranked Choice Voting
In: University of New Hampshire Law Review, 21 U.N.H. L. Rev. ___ (forthcoming 2023).
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The Nomination and Election of Statewide Candidates
In: University of Illinois Law Review, Forthcoming
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The Constitution and Condorcet: Democracy Protection through Electoral Reform
In: Drake Law Review, Forthcoming
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Tournament Elections with Round-Robin Primaries: A Sports Analogy for Electoral Reform
In: 2021 Wis. L. Rev. 1187 (2021)
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Requiring Majority Winners for Congressional Elections: Harnessing Federalism to Combat Extremism
In: Ohio State Legal Studies Research Paper No. 616
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Trump v. Biden: An Opinion for a Hypothetical Case
In: Ohio State Law Journal Online, Forthcoming
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Working paper
Assessing the Validity of an Election's Result: History, Theory, and Present Threats
In: 95 New York University Law Review Online 171 (2020)
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Working paper
Winnowing and Endorsing: Separating the Two Distinct Functions of Party Primaries
In: Ohio State Public Law Working Paper No. 525
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Working paper
Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management
This Article considers the possibility that a major dispute over the outcome of the 2020 presidential election could arise, even without foreign interference or some other extraordinary event, but rather just from the ordinary process of counting ballots. Building upon previous research on the "blue shift" phenomenon, whereby adjustments in vote tallies during the canvassing of returns tends to advantage Democratic candidates, it is easy to imagine a dispute arising if this kind of "blue shift" were consequential in the presidential race. Using examples from both Pennsylvania and Arizona, two states susceptible to significant "blue shifts" in previous elections, the article shows how the dispute could reach Congress, where it potentially might metastasize into a full-fledged constitutional crisis. The most frightening scenario is where the dispute remains unresolved on January 20, 2021, the date for the inauguration of the new presidential term, and the military is uncertain as to who is entitled to receive the nuclear codes as commander-in-chief. In order to avoid this risk, Congress should amend the relevant statute, 3 U.S.C. § 15.
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Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management
In: 51 Loyola University Chicago Law Journal 309 (2019)
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Constitutional Preservation and the Judicial Review of Partisan Gerrymanders
In: 52 Georgia Law Review 1101 (2018)
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Working paper