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About Richard L. Hasen
Hasen is a nationally-recognized expert in election law and campaign finance regulation, and is co-author of a leading casebook on election law.
From 2001-2010, he served (with Dan Lowenstein) as founding co-editor of the quarterly peer-reviewed publication, Election Law Journal. He is the author of more than 80 articles on election law issues, published in numerous journals including the Harvard Law Review (forthcoming 2012), Stanford Law Review, and Supreme Court Review. He was elected to the American Law Institute in 2009.
His op-eds and commentaries have appeared in many publications, including The New York Times, The Washington Post, Politico, and Slate. Hasen also writes the often-quoted Election Law Blog.
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Blog postThis new paper from Herron, Smith, et. al., out incredibly fast, suggests that there were 4,000 people in Gwinnett County who accidentally voted twice in the Loeffler-Collins-Warnock race, due to confusion of the double-column ballot used there. Pictures of the … Continue reading →2 hours ago Read more
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Blog postIn Reuters interviews with 50 Trump voters, all said they believed the election was rigged or in some way illegitimate. Of those, 20 said they would consider accepting Biden as their president, but only in light of proof that the … Continue reading →9 hours ago Read more
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Blog postIn a total loss the the Trump campaign, a federal district court in Pennsylvania has dismissed the most serious case brought by the campaign and denied the campaign a motion to file an amended complaint. The judge just excoriates this … Continue reading →20 hours ago Read more
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Blog postAZ Central: Maricopa County’s election results are certified and final.The Maricopa County Board of Supervisors, the elected body that oversees elections in Arizona’s most populous county, voted unanimously on Friday to approve the results of this month’s general election.The majority-Republican supervisors did … Continue reading →21 hours ago Read more
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Blog postNevada Independent: A Clark County District Court judge has rejected what she called a “shocking ask” to nullify Nevada’s election results and order a new election on scant evidence of voter fraud brought by a group tied to former U.S. … Continue reading →21 hours ago Read more
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Blog postJournal-Sentinel: “The Trump campaign is continually revisiting issues that the commission has ruled on, such as observers saying that they cannot see when, again, that was addressed already,” Christenson said to explain what is slowing the process.There appeared to be … Continue reading →21 hours ago Read more
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Blog postDetroit News: The Michigan and national Republican parties have asked the Board of State Canvassers to delay certification of the state’s election results in a bid to investigate “anomalies and irregularities” alleged to have occurred in Michigan’s Nov. 3 election. Michigan … Continue reading →21 hours ago Read more
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Blog postHuffPost: The NAACP Legal Defense Fund filed a federal lawsuit on behalf of Black Michigan voters against President Donald Trump and his campaign Friday, accusing both of violating the Voting Rights Act.The lawsuit, filed in U.S. District Court in Washington, … Continue reading →21 hours ago Read more
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Blog postNYT: But this is also a moment of truth for the Republican Party: The country is on a knife’s edge, with G.O.P. officials from state capitols to Congress choosing between the will of voters and the will of one man. … Continue reading →21 hours ago Read more
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Blog postPolitico: President Donald Trump’s effort to overturn the election results is about to smash into reality: a gauntlet of battleground state deadlines that are poised to extinguish his increasingly desperate attempts to hold onto the presidency.Michigan is due to certify … Continue reading →22 hours ago Read more
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Blog postPolitico: President Donald Trump has driven senators into retirement and tweeted wayward Republicans into primary defeat during four years leading the GOP. Now, as a lame duck, he’s launched a new campaign against GOP election officials who won’t bend to … Continue reading →22 hours ago Read more
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Blog postWaPo: The Justice Department has met President Trump’s fantastical claims of widespread voter fraud with two weeks of skeptical silence, not taking any overt moves to investigate what Trump’s lawyer, Rudolph W. Giuliani, claims is a globe-spanning conspiracy to steal … Continue reading →22 hours ago Read more
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Blog postMore to come when I have time, but start here: More substantively, Trump campaign brief ignores binding Supreme Court authority in Winter case about need to prove all four factors to be entitled to preliminary relief. They cite a pre-Winter … Continue reading →Yesterday Read more
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Blog postPolitico: One of the left’s biggest financial hubs raised $137 million from anonymous donors in 2019 — a massive sum that funded an eight-figure ad campaign attacking Republican senators, bolstered key pieces of Democratic and environmentalist infrastructure and supported expensive … Continue reading →Yesterday Read more
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Blog postHistorians weigh in on this at the Washington Post. Here is a passage from the Anti-Federalists, who opposed the Constitution — this is about their fear of the new office of the President: … We may also suppose, without trespassing … Continue reading →Yesterday Read more
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Blog postI was glad to see this news. I have been arguing for a number of years now that the 2011 ban on earmarks is a good example of how the pursuit of “political purity” has contributed to making Congress less … Continue reading →Yesterday Read more
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Blog postThis is the abstract from a new study, published by Yosef Bonaparte: We demonstrate that since the early 1990’s, it is becoming increasingly common for firms to be run by CEOs who are aligned with the Democratic Party, which we … Continue reading →Yesterday Read more
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As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In this timely and accessible book, Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old-fashioned and new-fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans.
Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined.
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.
Key Features
- A new discussion of the draft Restatement of the Law Torts (Third): Liability for Economic Harm’s treatment of the economic harm rule
- A new discussion of special emotional distress rules for cases involving high risk of causing such distress, such as mishandling human remains and injuring pets
- A new discussion of emotional distress damages for breach of contract
- A new section discussing of the basis for temporary restraining orders, including the appealability of such orders (which has become a contested issue in challenges to Trump administration executive orders)
- A new section discussing the controversy over the use of nationwide injunctions in highly charged political cases, a trend that has emerged to challenge policies of both the Obama and Trump administrations
- A new discussion of restitutionary claims for constructive trusts involving disproportionate gains, such as lottery winnings, under both the common law and Restatement (Third) of Restitution
- A new section on opportunistic breach of contract in Restitution, including the Supreme Court’s recent endorsement of the section in a 2015 case
- A new section on the relationship between laches and statutes of limitations and new Supreme Court authority on the question
Examples & Explanations for Legislation, Statutory Interpretation, and Election Law, Second Edition is an up-to-date, user-friendly, and clear student-oriented treatise tackling the complex subjects in this field, including statutory interpretation, lobbying, bribery, redistricting, campaign finance law, and voting rights. The Second Edition is suitable for use with courses in Legislation and Regulation, Statutory Interpretation, Election Law, Voting Rights, and Campaign Finance. Written by Richard L. Hasen, one of the leading voices in the field of election law and legislation, no other statutory supplement is as comprehensive, up to date, and full of examples (and answers) to test student knowledge as Examples & Explanations for Legislation, Statutory Interpretation, and Election Law, Second Edition.
New to the 2nd Edition:
- Coverage through the Supreme Court’s June 2019 decisions, including partisan gerrymandering, court deference to agency interpretations, and the litigation over a citizenship question on the 2020 census
- Updated discussion of textualist methods of statutory interpretation following the death of Justice Scalia and the arrival of Justices Gorsuch and Kavanaugh
- Consideration of how increased political polarization shapes the legislative process and judicial review of legislation
- Updated material on campaign finance and voting rights
Professors and students will benefit from:
- Straightforward presentation of often complex statutory and constitutional questions
- Examples based upon real cases and easy-to-understand explanations
- The book’s suitability to a variety of courses including: Legislation, Statutory Interpretation, Legislation Regulation, Election Law, Voting Rights, and Campaign Finance
The new student-friendly Sixth Edition of Election Law: Cases and Materials fully covers developments in election law through the 2016 election season, including extensive coverage campaign finance cases in the Citizens United era; emerging issues in voting rights and redistricting, including recent partisan and racial gerrymandering challenges; and challenges to new voter identification laws and other voting restrictions. 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.
The user-friendly Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture.
- The material is broken into small, manageable pieces to help you master concepts.
- Multiple-choice questions are interspersed throughout each chapter (not lumped at the end) to mirror the flow of a classroom lecture.
- Correct and incorrect answers are carefully explained; you learn why they do or do not work.
- You can rely on authority; the series was created by Joseph W. Glannon Harvard-educated, best-selling author of, among other legal texts, Examples & Explanations; Civil Procedure, now in its sixth edition.
- The Closer poses a sophisticated problem question at the end of each chapter to test your comprehension.
- A final Closing Closer provides you practice opportunity as well as a cumulative review of all the concepts from earlier chapters. You can check your understanding each step of the way.
- More like classroom experiences, these Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick.
Campaign financing is one of today’s most divisive political issues. The left asserts that the electoral process is rife with corruption. The right protests that the real aim of campaign limits is to suppress political activity and protect incumbents. Meanwhile, money flows freely on both sides. In Plutocrats United, Richard Hasen argues that both left and right avoid the key issue of the new Citizens United era: balancing political inequality with free speech.
The Supreme Court has long held that corruption and its appearance are the only reasons to constitutionally restrict campaign funds. Progressives often agree but have a much broader view of corruption. Hasen argues for a new focus and way forward: if the government is to ensure robust political debate, the Supreme Court should allow limits on money in politics to prevent those with great economic power from distorting the political process.
The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.
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.
Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues.
New to the Fifth Edition:
- New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook
- Key legal developments through the Supreme Court’s June 2018 decisions, including
- litigation surrounding President Trump’s travel ban
- Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google
- Recent case law regarding the Third Restatement’s approach to unjust enrichment
- New, updated, or expanded notes on current issues, such as
- The rise of nationwide injunctions in challenges to federal policy
- Disputes over the scope of qualified immunity rules for government officials, especially police officers
- Donald Trump, Stormy Daniels, and Michael Cohen’s business partner
- A new drafting assignment involving an injunction in a case of same-sex harassment in employment
- New principal cases:
- Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages
- Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract
- Brown v. Plata, on structural injunctions and reform of prisons
- Lord & Taylor v. White Flint, on specific performance of long term contracts
- Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power
- Bonina v. Sheppard, on measuring restitution from innocent defendants
- In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments
- James v. National Financial, LLC, on unconscionability in consumer contracts
- Arizona Libertarian Party v. Reagan, on laches in election cases
Professors and students will benefit from:
- Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme
- Appropriate balance of public and private law
- Highly teachable and memorable cases, well edited and supported by informative and authoritative notes
- Coverage and critique of basic law and economics as applied to key remedies issues
- Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns
Teaching materials include:
- Cases and notes from previous editions omitted from the 5th Edition available online
- Annual Professor’s Update or Supplement
- Excellent Teacher’s Manual (as PDF or Word files), including:
- Introduction
- Transition Guide&l
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