November 20, 2018
The most salient national recounts of 2018 are now over. That does not mean it’s time to relax. Over the past two weeks, Florida has once again been recount central. And it has been impossible to escape the looming omnipresence of the ghosts of the 2000 election. Bush v. Gore, synecdoche for the problems with…
November 13, 2018
Now that Democrats have captured the House, a wide array of policy reforms are suddenly feasible. These reforms won’t become law, of course, since Republicans continue to control the Senate and the Presidency. But the House can still pass them—and thus lay down markers for a future Democratic Congress and show the American public the…
Administrative Law, Environmental Law, International Law
November 8, 2018
In early October, the International Panel on Climate Change (IPCC) released an alarming new report on the impact climate change will have on the planet by 2040. These new findings, reviewed by ninety-one international scientists, are worrisome because it now seems that disaster is possible with an even smaller increase in global temperatures than previously…
Election and Voting Law, First Amendment
November 5, 2018
Campaign finance law is as much a product of the U.S. Supreme Court as of Congress. For more than four decades, the Court has actively superintended campaign finance regulation through its interpretation of the First Amendment. The ultimate consequence of the Court’s free speech decisions is to enhance the voice of the wealthy while stifling…
Cyberlaw / Internet, Election and Voting Law
November 2, 2018
As the midterm elections approach, money is flowing into the coffers of candidates, parties, and outside groups at unprecedented rates. Meanwhile the Federal Election Commission (FEC) has, by many accounts, softened its enforcement of campaign finance laws. Clever political operatives and their lawyers stand ready to exploit the regulatory vacuum. This post focuses on one…
Administrative Law, Cyberlaw / Internet, Election and Voting Law
October 29, 2018
Pop quiz: which part of the federal government is tasked with preventing cyber interference in our elections? Congress has refused to say. We have reached a point of a significant gap between an important federal need and existing federal power. And in the absence of that federal power, federal agencies have stepped into the gap…
Catherine Sharkey is the Crystal Eastman Professor of Law at New York University. She has published dozens of articles in the fields of administrative law, torts, and products liability and…
Jessica Bulman-Pozen is a Professor of Law at Columbia Law School. She teaches and writes about administrative law, antidiscrimination law, constitutional law, and federalism. She previously served as an attorney-adviser…
Keith E. Whittington is the William Nelson Cromwell Professor of Politics at Princeton University. His work has focused on American constitutional theory and development, federalism, judicial politics, and the presidency.…
