Richard L. Hasen
William H. Hannon Distinguished Professor of Law
BOOKS
Remedies: Examples and Explanations (Aspen, April 2007)
Election Law: Cases and Materials (3rd edition 2004) (co-authored with Professor Daniel Hays Lowenstein)
• 2007 Supplement
• 2006 Supplement
• 2005 Supplement
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press, 2003)
• 2005 Update
Election Law: Cases and Materials (2nd edition 2001) (co-authored with Professor Daniel Hays Lowenstein)
ARTICLES
Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minnesota Law Review (forthcoming April 2008) (draft available)
The Untimely Death of Bush v. Gore, 60 Stanford Law Review (2007) (draft available)
Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Nonjusticiability of Guarantee Clause Cases, in The Political Question Doctrine and the Supreme Court of the United States (Mortada-Sabbah and Cain eds., Rowman and Littlefield, 2007)
The Newer Incoherence: Competition, Social Science, and Balancing in Campaign Finance Law After Randall v. Sorrell, 68 Ohio State Law Journal (2007) (draft available )
First Amendment Limits on Regulating Judicial Campaigns, in Running for Judge (Matthew Streb ed., NYU Press, 2007) (draft available)
Congressional Power to Renew Preclearance Provisions, in The Future of the Voting Rights Act (Epstein, Pildes, de la Garza and O'Halloran, eds., Russell Sage Foundation, 2006
Bad Legislative Intent, 2006 Wisconsin Law Review 843
No Exit? The Roberts Court and the Future of Election Law, 57 South Carolina Law Review 669 (2006) (symposium on voting rights)
How Much is Enough? The "Ballot Order Effect" and the Use of Social Science Evidence in Election Law Disputes, 5 Election Law Journal (2006) (co-authored with R. Michael Alvarez and Betsy Sinclair)
The Uncertain Congressional Power to Ban State Felon Disenfranchisement Laws, Howard Law Journal ( 2006) (symposium on voting rights) (draft available)
Lessons from the Clash Between Campaign Finance Laws and the Blogosphere, Nexus Law Journal ( 2006) (symposium on blogging and the law) (draft available)
The California Recall Punch Card Litigation: Why Bush v. Gore Does Not "Suck," in Clicker Politics: Essays on the California Recall 170-81 ( Shaun Bowler and Bruce E. Cain, eds. 2006)
Beyond the Margin of Litigation: Reforming U.S. Election Administration to Avoid Electoral Meltdown, 62 Washington and Lee Law Review 937 (2005)
Rethinking the Unconstitutionality of Contribution and Expenditure Limits in Ballot Measure Campaigns, 78 Southern California Law Review 885 (2005)
Congressional Power to Renew the Preclearance Provisions of the Voting Rights Act after Tennessee v. Lane, 66 Ohio State Law Journal 177 (2005)
The Supreme Court and Election Law: A Reply to Three Commentators, 31 Journal of Legislation 1 (2004) (view entire symposium on The Supreme Court and Election Law)
Buckley is Dead, Long Live Buckley: The New Campaign Finance Incoherence of McConnell v. Federal Election Commission, 152 University of Pennsylvania Law Review 31 (2004)
Looking for Standards (in All the Wrong Places): Partisan Gerrymandering Cases after Vieth, 3 Election Law Journal 626 (2004)
The Surprisingly Easy Case for Disclosure of Contributions and Expenditures Funding Sham Issue Advocacy, 3 Election Law Journal 251 (2004)
A Critical Guide to Bush v. Gore Scholarship, 7 Annual Review of Political Science 297 (2004)
"This Could Be Heaven or This Could Be Hell: Comments on Baker, Clark and Direct Democracy," Journal of Contemporary Legal Issues (2004)
The Untold Drafting History of Buckley v. Valeo, 2 Election Law Journal 241 (2003)
Vouchers and Buckley: The Need for "Regime Change," University of Richmond Law Review 1049 (2003) (symposium issue on Ackerman & Ayres, Voting with Dollars)
"After the Storm: The Uses, Normative Implications, and Unintended Consequences of Voting Reform Research in Post-Bush v. Gore Equal Protection Challenges," in Rethinking the Vote (Oxford University Press, Ann Crigler, Marion Just, and Edward McCaffery eds., 2004)
"The Constitutionality of a Soft Money Ban after Colorado Republican II," 1 Election Law Journal 195 (2002) (draft available at: http://www.brook.edu/gs/cf/Hasen.pdf).
Bush v. Gore and the Future of Equal Protection Law in Elections, 29 FSU Law Review 377 (2002)
"The Benefits of "Judicially Unmanageable" Standards in Election Law Cases under the Equal Protection Clause," 80 North Carolina Law Review 1469 (2002)
Measuring Overbreadth: Using Empirical Evidence to Determine the Constitutionality of Campaign Finance Laws Targeting Sham Issue Advocacy, 85 Minnesota Law Review 1773 (2001)
"A 'Tincture of Justice': Judge Posner's Failed Rehabilitation of Bush v. Gore," 80 Texas Law Review 137 (2001) (book review)
"Do the Parties or the People Own the Electoral Process?", 149 University of Pennsylvania Law Review 815 (2001)
"Shrink Missouri, Campaign Finance and 'The Thing That Wouldn't Leave,'" 17 Constitutional Commentary 483 (2000)
"The Suprisingly Complex Case for Disclosure of Contributions and Expenditures Funding Sham Issue Advocacy," 48 UCLA Law Review 265 (2000)
"Vote Buying," 88 1323 California Law Review (2000)
"Parties Take the Initiative (and Vice Versa)," 100 Columbia Law Review 731 (2000)
"Mancur Olson Meets the Beltway," 3 GREEN BAG 2D 333 (2000) (book review)
Election Law: 2000-01 Supplement (2000) (co-authored with Professor Daniel Hays Lowenstein)
"Timmons v. Twin Cities Area New Party," and "Political Patronage" in Encyclopedia of the American Constitution (revised ed. 2000, Levy, Karst & Winkler, eds.)
Election Law: 1999-2000 Supplement (1999) (co-authored with Professor Daniel Hays Lowenstein)
"Pluralism with a Corporate Face: A Comment on Issacharoff and Ortiz," 85 Virginia Law Review 1671 (1999)
"Campaign Finance Laws and the Rupert Murdoch Problem," 77 Texas Law Review 1627 (1999)
"Introduction: Money, Politics and Equality," 77 Texas Law Review 1603 (1999) (co-authored with E. Joshua Rosenkranz)
"Introduction: Election Law at Puberty: Optimism and Words of Caution," 32 Loyola Los Angeles Law Review 1095 (1999)
Election Law: 1998-99 Supplement (1998) (co-authored with Professor Daniel Hays Lowenstein)
"The 'Political Market' Metaphor and Election Law," 50 Stanford Law Review 719 (1998)
"Judging the Judges of Initiatives: A Comment on Holman & Stern," 31 Loyola Los Angeles Law Review 1267 (1998)
"Entrenching the Duopoly: Why the Supreme Court Should Not Allow the States to Protect the Democrats and Republicans from Political Competition," 1997 Supreme Court Review 331
"Rescue," in The Palgrave Dictionary of Economics and the Law (Peter Newman, ed., 1998) (invited to contribute this article).
"The Surprisingly Complex Case Against Theft," 17, Int'l Rev. L. Rev. & Econ. 367 (1997) (co-authored with Richard McAdams).
"High Court Wrongly Elected:" A Public Choice Model of Judging and Its Implications for the Voting Rights Act," 75 North Carolina Law Review 1305 (1997).
"Voting Without Law?" 144 University of Pennsylvania Law Review 2135 (1996).
"Book Review - Election Law, Cases and Materials," 46 Journal of Legal Education 140 (1996).
"Clipping Coupons for Democracy: An Egalitarian/Public Choice Defense of Campaign Finance Vouchers," 84 California Law Review 1 (1996).
"The Efficient Duty to Rescue," 15 International Review of Law and Economics 141 (1995).
"An Enriched Economic Model of Political Patronage and Campaign Contributions: Reformulating Supreme Court Jurisprudence," 14 Cardozo Law Review 1311 (1993).
"Comment: Efficiency Under Informational Asymmetry: The Effect of Framing on Legal Rules," 38 UCLA Law Review 391 (1990).
Judge Thomas: leading the way to campaign finance deregulation, First Amendment Center, October8, 2007
Will California Put GOP Over the Top?, San Diego Union Tribune, September 25, 2007.
A Voting Test for the High Court, Washington Post, September 19, 2007.
Law and Dis-Order: The Imploding System for Choosing the Next President, Find Law, August 29, 2007.
E-voting paranoia, or the right course?, L.A. Times, August 7, 2007
Faux Judicial Restraint in Full View, The Recorder, June 29, 2007
Implausible Deniability: The Internet foils fudging by three "voter fraud" warriors, Slate, June 13, 2007
The Fraudulent Fraud Squad, Slate, May 18, 2007
Back on the Campaign Trail?, Legal Times, February 12, 2007
It's Time for the House to Pick Up the Pieces in Florida's 13th District, Roll Call, Dec. 6, 2006
Keeping the Vote Clean, New York Times, Nov. 11, 2006
Ending Court Protection of Voters from the Initiative Process (html version here), 116 Yale L.J. Pocket Part 115 (2006)
Election Deform: The Supreme Court Messes Up Election Law. Again, Slate, October 24 2006
All or Nothing? Let the Voters Decide, LA Times, September 2, 2006
Some Recent and Ongoing Election Law Fights Over Ballot Access: New Skirmishes Could Determine the Balance of Power in Congress, Findlaw, August 31, 2006
Pass the VRA Bailout Amendment, Roll Call, July 11, 2006
Political Portents: Latest Supreme Court Rulings on Election Law May Foreshadow a Far More Conservative Approach, Legal Times, July 10, 2006
What Congress Should Consider Before Renewing the Voting Rights Act: A Chance to Preempt Supreme Court Invalidation, and Better Protect Minority Voting Rights, FindLaw, May 30, 2006
527 Reform May Be Needed, but Not in Lobby Bills, Roll Call, March 27, 2006
Fraud Reform? How Efforts to ID Voting Problems Have Become a Partisan Mess, Slate, Feb. 22, 2006
Hold the Line "The Texas Redistricting Case is not a Winner for Democrats," Slate, December 19, 2005
Putting a Chill on the Initiative Process, Los Angeles Times, December 12, 2005
One Person, One Filibuster? Judge Alito's Controversial Comment on a Supreme Court Voting Rights Case, Findlaw, Nov. 30, 2005
Initiative Defeats a Blow for Election Reform, San Jose Mercury News, Nov. 15, 2005
Carter-Baker Election Reforms Imperiled by its Partisan Voter ID Mandate, Christian Science Monitor, September 22, 2005
Redistricting Measure Doesn't Belong on Ballot, Los Angeles Daily Journal, p. 8, August 17, 2005
Roberts' iffy Support for Voting Rights, Los Angeles Times, August 3, 2005
We Haven't Seen the Last of Election Litigation, The Seattle Times, June 10, 2005
Election Reform Isn't a High Priority Now, But It Should Be, Roll Call, May 17, 2005
Voter Vouchers Can Help Clean Up Politics, Los Angeles Times, May 10, 2005
Hate the Filibuster? You Might Want to Nuke the Entire Senate, Roll Call, April 25, 2005
The Ripple Effects of the FEC's Rules on Political Blogging:
Why They Will End Up Undermining Limits on Corporation and Union Campaign Finance Activities, FindLaw's Legal Commentary, April 5, 2005
Majority Rule, TNR Online, April 3, 2005
FEC Takes First Stab at Internet Rules: More Clarity Needed, Personal Democracy Forum, March 24, 2005.
Should the FEC Regulate Blogging?, Personal Democracy Forum, March 7, 2005
Taking the Politics Out of Elections, Los Angeles Times, February 8, 2005.
Crisis of Trust Over Voting Difficulties Must Be Addressed, Roll Call, January 10, 2005 (extended version with hyperlinks available here)
Money and Influence Flow Through a Ballot Measure Loophole, Los Angeles Times, January 4, 2005.
The Mayoral Election: Off to Court We Likely Go, San Diego Union-Tribune, December 17, 2004.
Time to Fix Election System, The Recorder, Law.com, November 4, 2004.
Slate's Jurisprudence: Federal Voter I.D. Cards?, NPR Day-to-Day, November 1, 2004.
Florida 2000: The Sequel, Slate, October 18, 2004.
Has Campaign Finance Reform Failed?, Legal Affairs Debate Club, October 2004.
Nov. 2 Debacle in the Making, Los Angeles Times, September 14, 2004.
Ending Felon Disenfranchisement in the United States: Litigation or Legislation, Democratic Audit of Australia, September 2004.
Supreme Court Got It Right in Pa. Redistricting Case, Roll Call, May 3, 2004.
Commentary: Balancing Money in Politics, Los Angeles Times, April 19, 2004.
Commentary: Legality of TV Ads by Third Party Groups, NPR's Day-to-Day, March 15, 2004.
A GOP Flip-Flop on Political Ads, Los Angeles Times, March 14, 2004.
Level Paying Field: The law may allow ads attacking the Democratic presidential nominee to go unanswered, MSN Slate, January 28,2004.
Reformers, Cheer While You Can, Commentary, Los Angeles Times, December 11, 2003.
Drawing a Line "Supreme Court Should Keep Hands Off Tempting Electoral Target, Legal Times, December 8, 2003, Vol. XXIV, No. 49.
LOST VOTES 'Shelley' Holding Will Mean Ballot-Counting Disparity, But Could Have Been Worse, Forum Column, Daily Journal, October 1, 2003
Some High Court Modesty is in Order, Commentary, Los Angeles Times, September 15, 2003
Elect to Resolve Balloting Quandary, Forum Column, Daily Journal, August 18, 2003
Chads Hang Over Recall, Commentary, Los Angeles Times, August 8, 2003
Horse Before Cart in Recall Challenges, The Sacramento Bee, July 29, 2003.
The California Gubernatorial Recall Debate and the Courts, FindLaw Legal Commentary, July 22, 2003.
The Recall -- A Minefield in California Election Law, San Diego Union Tribune, June 19, 2003
Time Running Out for High Court to Hear McCain-Feingold, ROLL CALL, Feb. 6, 2003
Let Courts Fill in Gaps, NATIONAL LAW JOURNAL, November 4, 2002
Now Let Jersey Voters Vote: State Court Should Have the Last Word, L.A. TIMES, October 3, 2002
Bug-Free Ballot Boxes, L. A. TIMES, September 15, 2002
Demise of Open Primaries Puts Parties Above Voters, LOS ANGELES DAILY JOURNAL, March 11, 2002
Compton Decision: Too Clever by Half, L.A. TIMES, Feb. 13, 2002
High Court Decision is Really Good News for Campaign Reformers, ROLL CALL, June 28, 2001
Ballot Suit Will Test Limits of Bush vs. Gore, SACRAMENTO BEE, April 19, 2001
The More the High Court Strays, The More the Harm, L.A. TIMES, December 11, 2000.
Bush's Case is a Real Test for Scalia's Philosophy, L.A. TIMES, November 27, 2000.
The Campaign Finance Mess, LOYOLA LAWYER, Winter 2001 (reprinted in 30 EXEMPT ORGANIZATIONS TAX REV. 257 (2000)).
Issue Ads Just a Sham, L.A. DAILY NEWS, November 7, 2000.
Crossover Votes Count for Nothing, L.A. TIMES, February 4, 2000.
Ending Nameless Dread: Pamphleteers in Organized Campaigns Should Reveal Their Identities, L.A. DAILY J, April 29, 1999.
Double Standard, BRILL'S CONTENT, February 1999.
Campaign Finance Just Gets Messier, NAT'L L.J., November 2, 1998.
Getting Something for Nothing, L.A. DAILY J., May 19, 1998
Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, Loyola Law School L.A., July 2007
The Untimely Death of Bush v. Gore, Loyola Law School L.A., March 2007
The California Recall Punch Card Litigation: Why Bush v. Gore Does Not Suck, Loyola L.A. Public Law Research Paper No. 2004-17
Congressional Power to Reenact Section 5 of the Voting Rights Act: The Evidentiary Quandary, Loyola L.A. Public Law Research Paper No. 19
Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Non-Justicability of Guarantee Clause Cases, Loyola L.A. Public Law Research Paper No. 2003-10