Professor Rick Hasen
(213)736-1466
rick.hasen@lls.edu
Office:B215
Office Hours: Tues, Thurs. 11 am-noon
ELECTION LAW/LAW OF THE POLITICAL PROCESS FALL 2009 (4M01D1)
COURSE DESCRIPTION AND SYLLABUS
Introduction
This course considers ways in which the law governing the political process affects and
reflects political power relationships. Topics covered will include: campaign finance, the right to
vote, Bush v. Gore, the Voting Rights Act, reapportionment, political parties, and ballot propositions.
No background in politics or political science is required.
Required Course Materials
1. DANIEL HAYS LOWENSTEIN, RICHARD L. HASEN, AND DANIEL P. TOKAJI, ELECTION LAW—
CASES AND MATERIALS (4th ed. 2008) (“Casebook”)
2. DANIEL HAYS LOWENSTEIN, RICHARD L. HASEN AND DANIEL P. TOKAJI, ELECTION LAW—
CASES AND MATERIALS 2009 SUPPLEMENT (“Supp.”) (available from graphics and
posted on the class TWEN page)
3. RICHARD L. HASEN, THE SUPREME COURT AND ELECTION LAW: JUDGING EQUALITY FROM
BAKER V. CARR TO BUSH V. GORE (NYU Press 2003) (Hasen)
Course Requirements
Your course grade will be determined primarily based upon your performance on a final
examination. I also reserve the right to adjust your grade up or down one increment (e.g., changing a
B to a B+ or B-) based upon participation. Although I expect you to be prepared to participate in
class each day, I will assign you certain weeks to be “on call” and extra-prepared to participate in
class discussion. You may switch dates with another student if you notify me in advance. Students
who fail to participate in class when “on call” run a serious risk of a downgrade for participation
.
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Syllabus, (Subject to Revision)
I.
Voting and Representation: The Warren Court’s Equal Protection Legacy
A.
Reading:
The Right to Vote: Age, Residency, Citizenship, Non-felon status
(Skim for background 27-40), CB 40 (bottom) – 64, Hasen 1-13, Supp. 1
B.
Reading:
Representation
CB 65 - 101, Hasen, 20-28, 36 (middle)-39 (top)
II.
Introduction to Legislative Districting
Reading:
CB 103-14
III.
Minority Vote Dilution
A.
Reading:
Section 5 of the Voting Rights Act
CB 115-43, Supp. 2-15
B.
Reading:
Section 2 of the Voting Rights Act
CB 143-93, Supp. 15 (bottom) - 18
C.
Reading:
Unconstitutional Racial Gerrymandering
CB 193-242
IV.
Partisan Gerrymandering
Reading:
CB 243-79, Supp. 19
V.
Election Administration (Bush v. Gore)
A.
Reading:
Equal Protection and the Counting of Votes
CB 281-306, Supp. 20-22, Hasen, 41 (middle) - 46 (middle)
B.
Reading:
Voting Technology and Voter Identification
CB 306 (bottom) – 348, Supp. 22 (bottom) - 26
VI.
Ballot Propositions
Reading:
CB 349-415, Supp. 27-31
VII. Major Political Parties
Reading:
CB 435-78, Supp. 32
VIII. Third Parties and Independent Candidates
Reading:
CB 501-48, Supp. 33
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IX.
Campaigns and Campaign Speech (including judicial elections)
Reading:
CB 547-67, Supp. 34-52
X.
Campaign Finance Laws and Reform
A.
Reading:
The Buckley Framework
CB 677-713
B.
Reading:
Contribution Limits After Buckley
CB 737-805, Supp. 53-54
C.
Reading:
Spending Limits After Buckley
CB 807-74, Supp. 55-61
D.
Reading:
Public Financing
CB 875-912, Supp. 62-63
E.
Reading:
Campaign Finance Disclosure
CB 913-47, Supp. 64-67
XI.
The Future: Competition, Minimalism?
Hasen, 137-65, CB 618-30
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