Introduction: Developments in Election Law
Richard L. Hasen, Introduction: Developments in Election Law, 42 Loy. L.A. L. Rev. 565 (2009).
This is a brief introduction to the Loyola of Los Angeles Law Review developments issue, which focuses in Volume 42 on election law topics. The first half of this introduction provides an update on the state of election law. It compares the state of election law as a discipline now to its state 10 years ago, when I wrote the introduction to the Loyola of Los Angeles Law Review symposium on "Election Law as Its Own Field of Study." The second half of this introduction describes the five new important student works contained in the developments issue. Sabina Jacobs, in "The Voting Rights Act: What Is the Basis for the Section 5 Baseline?," examines a provocative statutory interpretation of the Voting Rights Act suggested by Chief Justice Roberts during oral argument in Riley v. Kennedy. Julien Kern, in "As-Applied Constitutional Challenges, Class Actions, and Other Strategies: Potential Solutions to Challenging Voter Identification Laws After Crawford v. Marion County Election Board," examines the prospects for litigation in future voter identification cases. Molly McLucas, in "The Need for Effective Recusal Standards for an Elected Judiciary," argues for specific recusal standards in light of the Supreme Court's recent opinion in Caperton v. Massey. Joshua Rosenberg, in "Defining Population for One Person, One Vote," analyzes a fascinating question recently brought to the fore by Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit in his opinion in Kalson v. Paterson. Finally, in "Davis v. Federal Election Commission: Muddying the Clean Money Landscape," Emily C. Schuman examines a potential (intended or unintended) consequence for public financing plans of the Supreme Court’s recent decision in Davis v. Federal Election Commission.