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The Law of Freedom
The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.
Aligning Election Law
This book provides a new theoretical perspective to election law showing how alignment theory would operate in practice, in both litigation and legislation.
The Best Candidate
Leading scholars examine the law governing the American presidential nomination process and offer practical ideas for reform.
Elbridge Gerry's Salamander
Publisher Description.
The Oxford Handbook of American Election Law
Election law plays a critical role in regulating the political arena at a time when Americans are witnessing unprecedented levels of polarization. The Oxford Handbook of American Election Law provides a comprehensive overview of the field, a survey of core themes, and summaries of the most pressing debates. Bringing together 47 leading scholars of election law, the Handbook offers readers a clearly written guide to aid navigation through this complex area, tackling controversial issues and situating them within the field's ongoing scholarly dialogue. Unparalleled in the breadth and depth of its coverage, The Oxford Handbook of American Election Law is an invaluable resource for scholars, students, policymakers, and practitioners.
Law for Leviathan
The state makes law. But the state is also subject to law in two realms: international law and constitutional law. But how in the international realm can law be enforced against powerful states in the absence of a super-state standing above them? How far can moral and legal frameworks developed around ordinary persons be extended to apply to personified Leviathans? The book argues that these kinds of questions are equally applicable to the second major regime of law for states, constitutional law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, this book brings focus to the concept of "law for Leviathan" as a distinctive legal form.
Breaking the Two-party Doom Loop
American democracy is in deep crisis. But what do we do about it? That depends on how we understand the current threat.In Breaking the Two-Party Doom Loop, Lee Drutman argues that we now have, for the first time in American history, a genuine two-party system, with two fully-sorted, truly national parties, divided over the character of the nation. And it's a disaster. It's a party system fundamentally at odds withour anti-majoritarian, compromise-oriented governing institutions. It threatens the very foundations of fairness and shared values on which our democracy depends.Deftly weaving together history, democratic theory, and cutting-edge political science research, Drutman tells the story ...
Rethinking US Election Law
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
A Liberal Theory of Property
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
