Syllabus – Fall 2016
Professor D. Theodore Rave
Class Hours: Tuesdays and Thursdays from 4:00pm to 5:30pm, Room TBA.
Office Hours: TBA. I am always happy to talk with students, so if that time is not convenient for you please feel free to email me to set up an appointment. My office is
142 BLB. My email address is dtrave@central.uh.edu
.
Required Casebook: I
SSACHAROFF
, K
ARLAN
& P
ILDES
, T
HE
L
AW OF
D
EMOCRACY
:
L
EGAL
S
TRUCTURES OF THE
P
OLITICAL
P
ROCESS
(5th ed. 2016). I will also post required reading materials on the Blackboard website from time to time.
Supplemental Resources: You may find the following resources helpful throughout the course (and your careers) in understanding some of the issues in election law. But except for excerpts that I assign and post on Blackboard, you are not responsible for these readings for the purposes of the exam.
•
D
ANIEL
P.
T
OKAJI
, E
LECTION
L
AW IN A
N
UTSHELL
(2013)
•
E
LECTION
L
AW
B
LOG
, www.electionlawblog.org
Course Requirements
Exam: Your grade will be based primarily on a final exam, currently scheduled for
December 13, from 6-9pm. The test is open book in that you may use the assigned readings, your class notes, handouts from class, and outlines prepared by you (including as part of an outline group). You may not bring commercial outlines or any other material that you did not help create. If you have a question about what is permitted, ask me well in advance of the exam.
Class Participation: Participation in class discussion is necessary both for your own understanding of the material and for the benefit of your classmates. I expect you to be prepared for every class. If, for any reason, you are not prepared for a class I ask that you let me know in advance (either by email or by leaving a note on the lectern in class) and I will not call on you that day. If you are unprepared more than twice during the semester, it will affect your grade. Final grades may be modified up or down by one level (e.g., B+ to A- or A- to B+) based on class participation.
Attendance: You are expected to attend every class session. If you fail to attend at least
80% of class meetings you will be in violation of ABA and Law Center policy and may be dropped from the course. I will keep track of attendance by passing around a sign-in sheet. It is an honor code violation to sign in for another student. Late arrivals may be treated as absences.
Computer Policy: Use of laptops or other electronic devices is permitted for classrelated purposes only. Violations of this policy will be treated as unpreparedness.

Recordings and Attribution: I find that class discussion is most productive when students feel free to try out positions with which they (or others) may not agree and to test the assumptions underlying their own (or others’) views. For this reason, class discussion is strictly “off the record.” Outside of the classroom, you may not attribute any statements made in class to any of your classmates. And any audio or visual recording of class is prohibited. They only exception to this policy is that I will arrange for the law school to record any make-up classes that might become necessary.
Accommodation: If you have a disability and require an accommodation, please contact the Center for Students with Disabilities.
Reading Assignments: For the first class, please read Part I on the outline below (TBA).
For subsequent assignments, at the end of each class I will tell you how far ahead on the syllabus to read for the next class.
Tentative Course Outline
I.
Introduction to the Design of Democratic Institutions
II.
Defining the Right to Participate in Elections
A.
Textual Foundations
Minor v. Happersett
Richardson v. Ramirez
B.
The Individual Right to Vote
Lassiter v. Northampton County Board of Elections
Harper v. Virginia State Board of Education
Kramer v. Union Free School District No. 15
Burdick v. Takushi and notes, pp. 68-79
Crawford v. Marion County Board of Elections
C.
Voter Registration and Participation
Arizona v. Inter Tribal Council
Kobach v. EAC
III.
The Reapportionment Revolution
A.
One Person, One Vote
Colegrove v. Green
Baker v. Carr
Reynolds v. Sims
Lucas v. Forty-Fourth General Assembly of Colorado
Karcher v. Daggett
B.
Equal Population and Local Governance
Ball v. James
Fumarolo v. Chicago Board of Education
C.
The Senate, Republican Theory, and Interest Representation
Gray v. Sanders
IV.
The Role of Political Parties

A.
The White Primary Cases and State Action
Nixon v. Herndon
Smith v. Allwright
Terry v. Adams
B.
Defining Participation in Political Parties
Nader v. Schaffer
Duke v. Massey
Republican Party of Texas v. Dietz
Tashjian v. Republican Party of Connecticut
California Democratic Party v. Jones
Washington State Grange v. Washington State Republican Party
C.
Government Regulation of Internal Party Affairs
Eu v. San Francisco County Democratic Central Committee
D.
Ballot Access and Political Lockups
Bullock v. Carter
Munro v. Socialist Workers Party
Timmons v. Twin Cities Area New Party
V.
Congressional Power and Section 5 of the Voting Rights Act
South Carolina v. Katzenbach
Shelby County v. Holder
VI.
Race and Representation: Minority Vote Dilution and Racial Gerrymandering
A.
Constitutional Vote Dilution
City of Mobile v. Bolden
B.
Section 2 of the Voting Rights Act
1982 Amendments
Thornburg v. Gingles
Bartlett v. Strickland
LULAC v. Clements
Johnson v. De Grandy
Holder v. Hall
C.
Constitutional Constraints on Race Conscious Districting
UJO v. Carey
Shaw v. Reno
Easley v. Cromartie
Alabama Black Legislative Caucus v. Alabama
D.
Constitutionality of Section 2
VII.
Partisan Gerrymandering
A.
Partisan Vote Dilution?
Gaffney v. Cummings
Karcher v. Daggett
Davis v. Bandemer
B.
Incumbent Protection and Institutional Competence
Vieth v. Jubelirer
VIII.
Money and Politics: Campaign Finance
A.
FECA and the Buckley v. Valeo Framework
B.
Liberty, Equality, and Corruption

1.
Contribution Limits
McCutcheon v. FEC
2.
Expenditure Limits
Colorado Republican I
First National Bank of Boston v. Bellotti
Austin v. Michigan Chamber of Commerce
C.
Round 2: The Bipartisan Campaign Finance Reform Act
McConnell v. FEC
Randall v. Sorrell
D.
Corporations and Regulatory Frontiers
Citizens United v. FEC
527s and Super PACs