Syllabus (Preliminary) Election Law: Voting Rights, Districts and Dollars
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1 Syllabus (Preliminary) Election Law: Voting Rights, Districts and Dollars The goal of this course is to introduce students to the legal underpinnings of today s democratic politics, the historical struggle over the structure and processes of democratic institutions, and the practical consequences that follow from different institutional arrangements. Specifically, students will examine the history, case law and current legal and policy debates regarding the right to vote, the administration of elections, the districting and apportionment process (including partisan and racial gerrymandering), and the financing of campaigns and independent expenditures. Casebook: Dimino, Smith & Solimine, Voting Rights and Election Law (2010) Schedule: Class meets Wednesdays, 4:30 p.m.-6:30 p.m., Room 100A Professors: David Pepper (dpepper@blankrome.com), the Honorable Nathaniel Jones Assistant: Jen Gehring Week 1 Aug. 22 Election Law: Origins - The United States Constitution (*please review for any provisions dealing with elections and voting) - Hardcopy Packet (* please pick up from Cheryl Delvecchio, Dean s Suite Room 200; available week of August 13) o James Madison, The Federalist # 10 o Wood, , o Michael Schudson (excerpt) o Richard Bensel (excerpt) o Whitman (excerpt) o Williams v. Mississippi o Minor o Pope v. Williams o Giles v. Harris o Breedlove v. Suttles
2 Week 2 Aug. 29 Election Law: Evolution/Revolution - Casebook, , Myrdal excerpt (TWEN) - Warren, (TWEN) - Grovey - Smith v. Allwright - Guinn v. United States (TWEN) - Lane v. Wilson (TWEN) - Colegrove v. Green - Lassiter - Gomillion - Baker v. Carr Week 3 Sept. 5 Voting Rights 1: Who participates? - Casebook, 1-45, Karlan, Ballots and Bullets, 1-20 (TWEN) - Caro, ix-xii (TWEN) - Warren, (TWEN) - LBJ VRA Speech (TWEN) - Lassiter - Harper - Kramer v. Union Free School District
3 - South Carolina v. Katzenbach - Morgan v. Katzenbach Week 4 Sept. 12 Voting Rights 2: Who participates? - Casebook, 45-60, Richardson v. Ramirez - Hunter v. Underwood - Salyer Land - Holt Civic Club - Carrington v. Rash - Dunn v. Blumstein - Marston v. Lewis Week 5 Sept. 19 Voting Rights 3: Who participates? - Casebook, Voter identification materials (TWEN) - Crawford v. Marion County Election Board - Current challenges (Pennsylvania, Texas, S. Carolina) Week 6 Sept. 26 Voting Rights 4: Counting the Votes - Casebook,
4 - Bush v. Gore - Stewart v. Blackwell (TWEN) - Hunter v. Williams (TWEN) Week 7 Oct. 3 What is the playing field? One Person, One Vote - Casebook, Warren, (TWEN) - Gomillion v. Lightfoot - Baker v. Carr - Gray v. Sanders - Wesberry - Reynolds v. Sims - Kirkpatrick v. Preisler - Mahan v. Howell - Gafney v. Cummings - Cox v. Larios Week 8 Oct. 17 What is the playing field? VRA and Vote Dilution - Casebook, , , Allen v. State Board of Elections - Beer v. United States - Reno v. Bossier Parish
5 - Georgia v. Ashcroft - Whitcomb v. Davis - White v. Regester - UJO v. Carey - City of Mobile v. Bolden - Thornburg v. Gingles - Johnson v. DeGandy - Quilter v. Voinovich (TWEN) Week 9 Oct. 24 What is the playing field? Limitations - Casebook, Shaw v. Reno - Miller v. Johnson - LULAC v. Perry - Bartlett v. Strickland - Easley v. Cromartie (TWEN) - Davis v. Bandemer (TWEN) - Veith (TWEN) Week 10 Oct. 31 Political Speech - Casebook, , , , NY Times v. Sullivan
6 - Brown v. Hartlage - Brown v. Socialist Workers 74 Campaign Committee - McIntyre - Meyer v. Grant - Buckley v. American Constitutional Law Foundation - Rep. Party of Minnesota v. White - Burson v. Freeman (TWEN) Week 11 Nov. 7 Campaign Finance Buckley v. Valeo - Casebook, Auto Workers - Buckley v. Valeo - California Medical Association - Citizens Against Rent Control - National Right to Work Committee - National Conservative Political Action Committee - Nixon v. Shrink Missouri PAC - Randall v. Sorrell Week 12 Nov. 14 Campaign Finance Independent Expenditures, Corporate $$$ - Casebook, Colorado Republican I - Colorado Republican II
7 - CLITRIM - Furgatch - Christian Action Network - Bellotti - Massachusetts Citizens for Life - Austin v. Michigan Chamber of Commerce Week 13 Nov. 21 Campaign Finance Law reform and Citizens United - Casebook, McConnell v. FEC - Wisconsin Right to Life - Davis v. FEC (TWEN) - Citizens United Week 14 Nov. 28 Judging elections: the debate Readings TBD Week 15 Dec. 5 Wrap up
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