Dean and Sol & Lillian Goldman Professor of Law
Heather Gerken is the Dean and Sol & Lillian Goldman Professor of Law at Yale Law School. Dean Gerken is one of the country’s leading experts on constitutional law and election law. A founder of the “nationalist school” of federalism, her work focuses on federalism, diversity, and dissent.FULL BIOGRAPHY
Education & Curriculum Vitae
J.D., University of Michigan Law School, 1994
A.B., Princeton University, 1991
- Advanced Topics in Election Law
- San Francisco Affirmative Litigation Project
Heather Gerken is the Dean and Sol & Lillian Goldman Professor of Law at Yale Law School. Dean Gerken is one of the country’s leading experts on constitutional law and election law. A founder of the “nationalist school” of federalism, her work focuses on federalism, diversity, and dissent.
Hailed as an “intellectual guru” in the New York Times, Gerken’s scholarship has been featured in The Atlantic, the Boston Globe, NPR, the New York Times, and Time. In 2017, Politico Magazine named Gerken one of The Politico 50, a list of idea makers in American politics. Her work on election reform has affected policy at a national level.
At Yale, she founded and runs the country’s most innovative clinic in local government law, the San Francisco Affirmative Litigation Project (SFALP). Gerken is also a renowned teacher who has won awards at both Yale and Harvard. She was named one of the nation’s “twenty-six best law teachers” in a book published by the Harvard University Press.
A native of Massachusetts, Gerken graduated from Princeton University, where she received her A.B. degree, summa cum laude in 1991. A Darrow Scholar, she graduated from the University of Michigan Law School summa cum laude in 1994. Gerken currently serves as a trustee for Princeton University.
After law school, Gerken clerked for Judge Stephen Reinhardt of the 9th Circuit and Justice David Souter of the United States Supreme Court. She then served as an appellate lawyer in Washington, D.C., before joining the Harvard Law School faculty in 2000. Gerken came to Yale in 2006 and became the inaugural J. Skelly Wright Professor of Law in 2008. She became dean of Yale Law School on July 1, 2017.
Gerken has published extensively. Her work has been featured in the Harvard Law Review, the Yale Law Journal, the Stanford Law Review as well as numerous popular publications. Her work has been the subject of four symposia, and she has served as a commentator for a number of major media outlets, including The New York Times, The New Yorker, NPR, CNN, MSNBC, and NBC News. Dean Gerken served as a senior advisor to the Obama campaign in 2008 and 2012. In 2013, her proposal for creating a “Democracy Index” – a national ranking of election systems — was adopted by the Pew Charitable Trusts, which created the nation’s first Election Performance Index. She has been featured in the National Law Journal for balancing teaching and research, won a Green Bag award for legal writing, and has testified before the Senate three times. Gerken is a member of the American Academy of Arts and Sciences.
Tuesday, August 10, 2021
A new class offered the chance for students to engage with emerging scholarship while addressing a broad range of issues related to race, racism, and inequality.
Thirteen Yale Law School faculty and alumni have been appointed to a panel commissioned by President Biden to analyze arguments for and against Supreme Court reform.
Wednesday, April 14, 2021
A new Presidential Commission on Supreme Court Reform will be co-chaired by Leighton Homer Surbeck Professor of Law Professor Cristina Rodríguez ’00 and includes a total of 14 Yale Law School faculty and alumni.
Monday, February 8, 2021
Yale Law School has announced two gifts from the Middle Road Foundation: The Michael A. Varet ’65 YLS Safety Net Support Fund and The Michael A. Varet ’65 Summer Public Interest Fellowship Fund.
Wednesday, January 13, 2021
Dean Heather K. Gerken is quoted in a Law.com article about a joint statement now signed by more than 160 law school deans in response to the events of January 6.
Tuesday, January 12, 2021
Dean Heather K. Gerken joined more than 170 law school deans in a statement on the 2020 election and events at the Capitol.
Thursday, July 9, 2020
Dean Heather Gerken is quoted, and deputy dean Ian Ayres ’86 mentioned, in a Newsweek article that highlights Yale Law School’s statement of support for international students following a new federal policy that threatens to deport students who are not receiving in-person instruction this fall.
Thursday, July 9, 2020
Dean and Sol & Lillian Goldman Professor of Law Heather Gerken speaks to WNPR about the Trump administration’s policy requiring international students to attend in-person classes in the fall or lose their visa status.
Thursday, July 18, 2019
After 20 years, Yale Law School clinic students helped San Francisco and nine other localities achieve a landmark victory in their litigation against lead paint companies with a $305 million settlement.
Tuesday, June 11, 2019
Law.com discusses an essay in the Harvard Law Review by Dean Heather K. Gerken that addresses the perceived gap between practice and theory in legal education.
Friday, March 22, 2019
Students in the San Francisco Affirmative Litigation Project (SFALP) are helping San Francisco respond to the rapid growth in e-cigarette use.
Friday, March 22, 2019
Students in the San Francisco Affirmative Litigation Project (SFALP) have helped the City of San Francisco file an appeal in a landmark climate change suit.
Wednesday, February 20, 2019
Yale Law clinic students scored a major victory this week when the San Francisco City Attorney announced a $3.65 million settlement with Hertz Corporation.
Sunday, January 27, 2019
Scholarship by Dean and Sol & Lillian Goldman Professor of Law Heather Gerken is mentioned in a Law360 interview with David Udell, executive director of the National Center for Access to Justice.
Friday, October 26, 2018
In early October, 2018, a federal judge handed the San Francisco City Attorney (SFALP) the latest victory in their efforts to prevent the Trump administration from unlawfully defunding sanctuary cities.
Friday, October 26, 2018
In a decisive victory for Yale Law clinic students and the San Francisco City Attorney, the Supreme Court has rejected lead paint makers’ challenge to a historic judgment against them that held them liable for poisoning thousands of Americans.
Tuesday, June 5, 2018
The Andrew W. Mellon Foundation announced on June 5, 2018, that Heather Gerken, Dean of Yale Law School, has been elected to its Board of Trustees.
Wednesday, May 2, 2018
Dean and Sol & Lillian Goldman Professor of Law Heather Gerken, Christine Kwon ’17, and Alisa Tiwari ’20 are quoted in an article about a federal lawsuit initiated by the San Francisco Affirmative Litigation Project that challenges Attorney General Jeff Sessions’s decision to repeal a variety of Department of Justice civil rights documents.
Friday, April 6, 2018
Dean and Sol & Lillian Goldman Professor of Law Heather Gerken is quoted in a report on a panel that discussed gerrymandering and the upcoming census.
San Francisco City Attorney Dennis Herrera speaks to students during a visit to Yale Law School in March 2018.
Thursday, April 5, 2018
A lawsuit filed by the San Francisco City Attorney's Office was sparked by an idea from Yale Law student and SFALP member Alisa Tiwari ’20.
Wednesday, April 4, 2018
Dean and Sol & Lillian Goldman Professor of Law Heather Gerken, Jeremy Pilaar ’18, and Emma Sokoloff-Rubin ’18 are quoted in an article on the San Francisco Affirmative Litigation Project.
Wednesday, February 14, 2018
Yale Law clinics have secured three nationwide injunctions in a little over one year, making headlines and shaping the national conversation.
Tuesday, November 21, 2017
A federal judge in California has permanently blocked the Trump administration from denying funding to sanctuary cities, a major victory for Yale Law clinic students who worked closely with the San Francisco City Attorney’s Office in filing the case.
Friday, September 22, 2017
The San Francisco Affirmative Litigation Project (SFALP) at Yale Law School is taking the world’s largest oil and gas companies to court.
Monday, September 11, 2017
Yale Law students from the San Francisco Affirmative Litigation Project (SFALP) helped secure a $400,000 settlement from fraudulent immigration consultants.
Tuesday, September 5, 2017
As the country reacts to President Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) policy, Yale Law School students and faculty are already working to challenge the move and ensure “dreamers” are protected throughout the country.
Friday, September 1, 2017
Dean and Sol & Lillian Goldman Professor of Law Heather Gerken was named one of the top 50 idea makers for scholarship on progressive federalism.
Wednesday, August 30, 2017
Dean and Sol & Lillian Goldman Professor of Law Heather Gerken has filed an amicus brief with the U.S. Supreme Court in Gill v. Whitford, a Wisconsin case that tests the constitutional boundaries of partisan gerrymandering.
Tuesday, August 29, 2017
After nearly two years, the San Francisco Affirmative Litigation Project (SFALP) recently won an important victory in court against the Corrective Education Company (CEC) over its diversion program to suspected shoplifters.
Thursday, August 24, 2017
Dean and Sol & Lillian Goldman Professor of Law Heather Gerken is quoted in an article about progressive federalism.
Monday, August 21, 2017
The most diverse class in Yale Law School history arrived at the Sterling Law Building in New Haven on Monday, August 21, 2017, with 205 newly minted law students taking the first step in their legal careers.
Saturday, July 15, 2017
An article about a recent interview with Dean and Sol & Lillian Goldman Professor of Law Heather Gerken about progressive federalism.
Thursday, July 13, 2017
One Campus Arena Where Free Speech Is Not Up for Debate: Law Schools—A Commentary by Dean Heather Gerken
Heather Gerken is Dean and Sol & Lillian Goldman Professor of Law at Yale Law School.
Tuesday, June 20, 2017
Professor Heather Gerken spoke about progressive federalism at the American Constitution Society for Law and Policy's National Convention in Washington, D.C., on June 9, 2017.
Tuesday, May 16, 2017
J. Skelly Wright Professor of Law Heather Gerken is quoted in an article about the Supreme Court’s decision not to reconsider an appellate decision on voting rights.
Wednesday, April 26, 2017
A federal judge in California temporarily blocked the Trump administration from denying funding to sanctuary cities, a victory for Yale Law clinic students who aided the San Francisco City Attorney’s Office in filing the case.
Friday, April 14, 2017
J. Skelly Wright Professor of Law Heather Gerken is profiled on the occasion of her appointment as the next dean of the Law School.
Wednesday, April 12, 2017
The American Academy of Arts & Sciences, one of the nation’s most prestigious honorary societies, has elected J. Skelly Wright Professor of Law Heather K. Gerken and Ford Foundation Professor of Comparative and Foreign Law James Q. Whitman ‘88 to its 2017 Class of Members.
Wednesday, March 15, 2017
J. Skelly Wright Professor of Law Heather Gerken is interviewed on the occasion of her appointment as the next dean of the Law School.
Thursday, February 23, 2017
J. Skelly Wright Professor of Law Heather Gerken was interviewed on the occasion of her appointment as the next dean of the Law School.
Thursday, February 23, 2017
J. Skelly Wright Professor of Law Heather Gerken is quoted in an article about her appointment as the next dean of the Law School.
Wednesday, February 22, 2017
J. Skelly Wright Professor of Law Heather Gerken was interviewed on the occasion of her appointment as next dean of the Law School.
Wednesday, February 22, 2017
The journal reported on the appointment of J. Skelly Wright Professor of Law Heather Gerken as the next dean of the Law School.
Tuesday, February 21, 2017
Numerous faculty, students, and alumni are quoted in an article about the appointment of J. Skelly Wright Professor of Law Heather Gerken as the next dean of the Law School.
Tuesday, February 21, 2017
Professor Heather Gerken, the J. Skelly Wright Professor of Law, has been selected as the next Dean of Yale Law School.
Wednesday, February 15, 2017
11 Top Constitutional Law Experts React to White House Stephen Miller’s Rejection of “Judicial Supremacy”
J. Skelly Wright Professor of Law Heather Gerken and Leighton Homer Surbeck Professor of Law Cristina Rodríguez ’00, David Golove ’93 LLM ’99 JSD, Roderick Hills ’91, Dawn Johnsen ’86, and Pamela S. Karlan ’84 were among a group of constitutional law experts who replied to a query about comments made by Stephen Miller, the President’s Senior Policy Advisor.
Monday, February 13, 2017
Knight Professor of Constitutional Law and the First Amendment Jack Balkin and J. Skelly Wright Professor of Law Heather Gerken are quoted in an article about whether the U.S. is in a constitutional crisis.
Wednesday, February 1, 2017
Students in Yale Law School’s San Francisco Affirmative Litigation Project (SFALP) were instrumental in filing the first lawsuit against the Trump administration’s executive order on “sanctuary jurisdictions.
Wednesday, January 4, 2017
J. Skelly Wright Professor of Law Heather Gerken is cited in an article about a growing focus by Democrats on state and local politics.
Tuesday, December 6, 2016
Professor Heather Gerken explains how federalism and localism can be useful sites of politicking for people of all political stripes.
Saturday, December 3, 2016
J. Skelly Wright Professor of Law Heather Gerken is cited in an article about states’ rights and progressive federalism. A similar article appeared in Time Magazine.
Thursday, December 1, 2016
A Wisconsin court case may be the last best hope to fix gerrymandering by 2020—A Commentary by Heather Gerken
Heather Gerken is the J. Skelly Wright Professor of Law at Yale Law School.
Tuesday, November 29, 2016
J. Skelly Wright Professor of Law Heather Gerken authored part of a roundtable debate about federalism.
Tuesday, November 22, 2016
J. Skelly Wright Professor of Law Heather Gerken is quoted in an article about a recent court victory in a complaint over partisan redistricting in Wisconsin. Nicholas Stephanopoulos ’06, the lead lawyer for the plaintiffs, is mentioned.
Wednesday, November 9, 2016
William Nelson Cromwell Professor of Law Stephen Carter ’79 and J. Skelly Wright Professor of Law Heather Gerken are quoted in an article about the election.
Tuesday, November 8, 2016
J. Skelly Wright Professor of Law Heather Gerken is quoted in an article about a Trump campaign legal challenge in Nevada.
Thursday, November 3, 2016
J. Skelly Wright Professor of Law Heather Gerken is interviewed about whether Pennsylvania can order striking transit workers back to work on election day.
Thursday, November 3, 2016
J. Skelly Wright Professor of Law Heather Gerken is quoted in an article about research on election processes.
Friday, September 16, 2016
The Center for Global Legal Challenges and the Information Society Project will co-host a conference on “Hacking the Election”
Sunday, May 29, 2016
J. Skelly Wright Professor of Law Heather Gerken and Lecturer in the Practice of Law and Legal Writing Noah Messing ’00 are quoted in a profile of Dwayne Betts ’16, who will be a fellow with the Arthur Liman Public Interest Program.
Tuesday, March 29, 2016
J. Skelly Wright Professor of Law Heather Gerken is quoted in a story about the rules around state primaries and caucuses.
Wednesday, February 3, 2016
J. Skelly Wright Professor of Law Heather Gerken was interviewed as part of a feature on the New Hampshire primary.
Thursday, December 17, 2015
Research by J. Skelly Wright Professor of Law Heather Gerken is cited in an article titled “Equality and American Democracy; Why Politics Trumps Economics.”
Tuesday, July 7, 2015
The Supreme Court Is a Partner in Transformation, Not the Sole Agent—A Commentary by Heather K. Gerken
Heather K. Gerken is the J. Skelly Wright Professor of Law at Yale Law School.
Monday, June 29, 2015
J. Skelly Wright Professor of Law Heather Gerken and John A. Garver Professor of Jurisprudence William Eskridge ’78 contributed to a roundtable about the Roberts court.
Friday, March 22, 2013
Students from Yale Law School’s San Francisco Affirmative Litigation Project (SFALP) describe their experiences working on landmark same-sex marriage case.
Wednesday, February 27, 2013
J. Skelly Wright Professor of Law Heather Gerken's book Democracy Index inspires new Elections Performance Index.
Wednesday, March 14, 2012
Two Yale Law students were acknowledged recently for their work with the San Francisco city attorney’s office on a noted gas pipeline lawsuit.
Thursday, September 29, 2011
The 15th Global Constitutionalism Seminar took place at Yale Law School Sept. 21 through 24, 2011.
Tuesday, January 4, 2011
Yale Law School faculty members are among those honored for exemplary legal writing in 2010 by the Green Bag journal.
Wednesday, March 10, 2010
Yale Law students are doing cutting-edge work as part of their participation in the San Francisco Affirmative Litigation Project.
Tuesday, March 2, 2010
Professor Heather Gerken will deliver her inaugural lecture as the first J. Skelly Wright Professor of Law on March 8, 2010.
Wednesday, February 3, 2010
YLS Professor Heather Gerken testified before a U.S. Senate committee on February 2, 2010, about corporate campaign spending.
Friday, September 11, 2009
A “Democracy Index,” first proposed by YLS Professor Heather Gerken, is part of a plan Mayor Mike Bloomberg has introduced in New York City to improve the election process.
Wednesday, April 12, 2006
Professor Gerken is one of the country's leading experts on voting rights and election law, the role of groups in the democratic process, and the relationship between diversity and democracy.
The Democracy Index: Why Our Election System is Failing and How to Fix It (Princeton University Press 2009)
Editor, Race, Reform, and Regulation of the Electoral Process: Recurring Puzzles in American Democracy (with Guy-Uriel Charles and Michael Kang) (2010)
ARTICLES, ESSAYS, AND REVIEWS
Second-Order Diversity: Decentralization’s Egalitarian Possibilities (Danielle Allen, ed. 2017)
Presentation on Behalf of the Social Sciences, 52 Am. Acad. Arts & Sciences 8 (Winter 2018)
The Jorde Lecture: A Research Agenda for Federalism in the 21st Century ( 2017)
Federalism: A User’s Guide, 45 Hofstra L. Rev. 1087 (2017)
Playing Cards in a Hurricane: Party Reform in an Age of Polarization, 54 Hous. L. Rev. 911 ( 2017)
Progressive Federalism: A User’s Guide, 44 Democracy Journal (Spring 2017)
The Taft Lecture: Living Under Someone Else’s Law, 84 U. Cincinnati L. Rev. 377 (2016)
Beyond Sovereignty, Beyond Autonomy: A Nationalist’s View of Federalism’s Future, National Constitution Center’s Interactive Constitution Project (2016)
Article I, Section 8: Federalism and the Overall Scope of Federal Power, National Constitution Center’s Interactive Constitution Project (with Randy Barnett) (2016)
“The Citizens United Trilogy: The Myth, the True Tale, and the Story Yet to Come,” in Election Law Stories 359 (2016) (with Erica Newland)
The Right to Vote: A Conversation with the Co-Chairs of the Presidential Commission on Election Administration, 159 Proceedings Am. Phil. Soc. 17 (March 2015)
The Real Problem with Citizens United: Campaign Finance, Dark Money, and Shadow Parties, 159 Proceedings Am. Phil. Soc. 5 (March 2015)
The Childress Lecture, Federalism and Nationalism: Time for a Détente?, 59 St. Louis. L. Rev. 997 (2015).
An Academic Elegy, 100 Iowa L. Rev. 109 (2015)
The Craft of Interpreting the Declaration of Independence, Crooked Timber (June 15, 2015)
The Party’s Over: Shadow Parties, Campaign Finance, and the Legacy of McCutcheon, 2014 Sup. Ct. Rev. 175 (with Joseph Fishkin)
The Interlocking Gears of Rights and Structure: Why the Critics Are Wrong about U.S. v. Windsor, 95 B.U. L. Rev. 487 (2015) (Boston University’s Annual Distinguished Lecture)
Living Under Someone Else’s Law, Democracy Journal 24 (Spring 2015) (with James Dawson)
Slipping the Bonds of Federalism, 128 Harv. L. Rev. 85 (2014)
The Political Safeguards of Horizontal Federalism, 113 Mich. L. Rev. 57 (2014) (with Ari Holtzblatt)
The Right to Vote: Is the Amendment Game Worth the Candle?, 23 Wm. & Mary L. Rev. 11 (2014)
How to Teach the Socratic Method with a Heart, 21 The Law Teacher 24 (Fall 2014)
Polarization at the Local Level, Marquette Lawyer 13 (Fall 2014)
The Two Trends That Matter for Party Politics, 89 N.Y.U. L. Rev. Online 32 (2014) (with Joseph Fishkin)
The Real Problem with Citizens United: Campaign Finance, Dark Money, and Shadow Parties, 97 Marquette L. Rev. 904 (2014).
Federalism as the New Nationalism: An Overview, 123 Yale L.J. 1889 (2014)
The Loyal Opposition, 123 Yale L.J. 1958 (2014)
A Public Finance Model for Lobbying: Lobbying, Campaign Finance, and the Privatization of Democracy, 13 Elec. L. J. 75 (2014) (with Alex Tausanovitch)
The Federalis(m) Society, 36 Harv. J. L. & Pub. Pol’y 943 (2013)
Abandoning Bad Ideas and Disregarding Good Ones for the Right Reasons: Reflections on a Festschrift, 48 Tulsa L. Rev. 535 (2013)
Exit, Voice, and Disloyalty, 62 Duke L.J. 1349 (2013)
Make It Easy: The Case for Automatic Registration, 28 Dem. J. 17 (2013)
Déjà vu All Over Again: Courts, Corporate Law, and Election Law, 126 Harv. L. Rev. 86 (2013) (with Michael Kang)
Federalism(s), 53 Wm. & Mary L. Rev. 1549 (2012)
A New Progressive Federalism, 24 Dem. J. 37 (Spring 2012)
Comment, The Constitution, the Practice of Democracy, and Unintended Consequences, Bulletin of the American Academy of Arts and Sciences, Winter 2012, at 26.
Keynote Address: Lobbying as the New Campaign Finance, 27 Georgia St. L. Rev. 1155 (2011)
The Foreword: Federalism All the Way Down, 124 Harv. L. Rev. 4 (2010)
Judge Stories: Clerking for Judge Reinhardt, 120 Yale L.J.529 (2010)
“The Institutional Turn in Election Law Scholarship” (with Michael Kang), in Race, Reform, and Regulation of the Electoral Process: Recurring Puzzles in American Democracy (Gerken, Charles, and Kang eds.) (2010)
Keynote Address, What Election Law Has to Say to Constitutional Law, 44 Ind. L. Rev. 7 (2010)
Getting From Here to There in Redistricting Reform, 5 Duke J. Const. L. & Pol’y 1 (2010)
Creating Better Heuristics in the Presidential Nominating Process: Why a Citizens Assembly Beats Out Iowa and New Hampshire, 125 Pol. Sci. Q. 233 (2010) (with Doug Rand)
Clerking for Justice Souter, 35 J. Sup. Ct. Hist. 4 (2010)
Mexico’s Election Reforms: A Comparative View, 2 Mexican L. Rev. 163 (July-December 2009)
In Praise of Rankings, John L. Gedid Lecture Series, 19 Widener L. Rev. 1 (2009)
Dean’s Lecture, The Invisible Election: Making Policy in World Without Data, 35 Ohio Northern L. Rev. 1013 (2009)
Making Democracy Work, Book Review (The Concept of Constituency: Political Representation, Democratic Legitimacy, and Institutional Design, by Andrew Rehfeld; Saving Democracy: A Plan for Real Representation in America, by Kevin O’Leary), 37 Pol. Theory 838 (2009).
Uncooperative Federalism, 118 Yale L.J. 1256 (2009) (with Jessica Bulman-Pozen)
“Provisional Ballots: The Miner’s Canary for Election Administration,” in Provisional Ballots: An Imperfect Solution (Report of the Pew Center on the States, 2009).
Getting from Here to There in Election Reform, 34 Okla. City. Univ. L. Rev. 33 (2009)
Shortcuts to Reform, 93 Minn. L. Rev. 1582 (2009)
Replacing Section 5 of the Voting Rights Act: An Opt-In Approach, White Paper, The Tobin Project
The (Winding) Road Ahead, “Data for Democracy: Improving Elections Through Metrics and Measurement,” 43 (Pew Center on the States 2008)
Larry and Lawrence, 42 Tulsa L. Rev. 843 (2007)
Justice Kennedy and the Domains of Equal Protection, 121 Harv. L. Rev. 104 (2007)
Rashomon and the Roberts Court, 68 Ohio St. L. J.1213 (2007)
The Hydraulics of Constitutional Reform: A Skeptical Response to Our Undemocratic Constitution, 55 Drake L. Rev. 925 (2007)
The Double-Edged Sword of Independence: Inoculating Electoral Reform Commissions Against Everyday Politics, 6 ELEC. L. J. 184 (April 2007)
Of Sovereigns and Servants, 115 YALE L. J. 2634 (2006)
A Third Way: Section 5 and the Opt-In Approach, in THE FUTURE OF THE VOTING RIGHTS ACT 277 (Epstein et al. 2006)
A Third Way for the Voting Rights Act: Section 5 and the Opt-In Approach, 106 COLUM. L. REV. 708 (2006)
Dissent, Diversity, and the Global Polity, in THE LEAST EXAMINED BRANCH: THE ROLE OF LEGISLATURES IN THE CONSTITUTIONAL STATE 547 (eds. Bauman & Kahana 2006)
Dissenting by Deciding, 57 STAN. L. REV.1745 (2005)
Second-Order Diversity, 118 HARV. L. REV. 1099 (2005)
Lost in the Political Thicket: The Supreme Court, Election Law, and The Doctrinal Interregnum, 153 U. PENN. L. REV. 503 (2004)
The Costs and Causes of Minimalism in Voting Cases: Baker v. Carr and Its Progeny, 80 N.C. L. REV. 1411 (2002)
Election Law Exceptionalism? A Bird’s Eye View of the Symposium, 82 B.U. L. REV. 737 (2002)
Understanding the Right to an Undiluted Vote, 114 HARV. L. REV. 1663 (2001)
Morgan Kousser’s Noble Dream, 99 MICH. L. REV. 1298 (2001)
New Wine in Old Bottles: A Comment on Richard Hasen’s and Richard Briffault’s Essays on Bush v. Gore, 29 FLA. ST. UNIV. L. REV. 407 (2001)
Note, Understanding Mixed-Motives Claims Under the Civil Rights Act of 1991, 91 MICH. L. Rev. 1824 (1993)
SELECT POPULAR PUBLICATIONS:
Semi-regular contributor to Balkinization, Election Law Blog, Room for Debate, and Politico.
“Campus Free Speech is Not Up for Debate,” Time Magazine (July 13, 2017)
“Federalism is Dead: Long Live Federalism,” The Atlantic (June 28, 2017)
“We’re About to See States’ Rights Used Defensively Against Trump,” Vox (Dec. 12, 2016)
“Wisconsin Court Case May Be Last Hope to Fix Gerrymandering Before 2020,” Vox (Dec. 1, 2016)
“Uncooperative Federalism,” The Nation (Nov. 29, 2016)
“On Voting Rights, Amendments Are Too Hard to Achieve and Enforce,” New York Times Online (November 4, 2014)
“The ‘Bad News Bears’ of Elections, The Hill (June 4, 2014)
“The Real Problem with Citizens United,” Marquette Lawyer (Summer 2014)
“Rerouting the flow of ‘dark money’ into political campaigns,” Washington Post (April 3, 2014) (with Wade Gibson and Webb Lyons)
“The Fox and the Hedgehog: How Do We Achieve Political Accountability Given What Voters (Don’t) Know?, Cato Unbound (October 14, 2013)
“Goodbye to the Crown Jewel of the Civil Rights Movement,” Slate (June, 2013)
“Real State Power Means Getting in the Obama Care Game,” Harvard Business Review Online, (April 2, 2013) (with Ted Ruger)
“No Middle Ground,” New York Times Online (June 27, 2011)
“Coloring Inside the Lines,” Slate (November 10, 2010)
“A Silver Lining,” New York Times Online (January 21, 2010)
“Will History Repeat Itself?,” Huffington Post (October 29, 2009)
“A False Depiction of Judging,” New York Times Online (July 15, 2009)
“Four Lawyers Review Sotomayor’s Performance," Wall Street Journal (July 17, 2009).
“An Uncertain Fate for the Voting Rights Act,” American Prospect Online (June 23, 2009)
“Race, Voting Rights, and the Genius of Justice Souter," American Prospect Online (May 5, 2009)
“A Common Law Judge,” New York Times Online (May 4, 2009)
“Our Elections Run Well, Don’t They?,” Minneapolis Star Tribune, March 30, 2009
“We Have the Facts and We’re Voting Yes,” The American Prospect, March 27, 2009
The Case for Keeping Score, “Revitalizing Democracy: Special Report,” The American Prospect (January/February 2009)
The Invisible Election, Election Law Blog, November 16, 2008
Shadow districting commissions, Balkinization (series of posts dated May 5, 6, 31 & June 4, 2008)
Out of the Shadows: Private redistricting can help overcome lawmakers’ partisanship, LEGAL TIMES (Vol. XXXI, No. 18, May 5, 2008)
Fixing Democracy, Brennan Center for Democracy Blog (May, 2008)
Justice Kennedy’s Emerging Vision of Race, Balkinization (series of posts dated September 25-27, 2007)
A New Agenda for Election Law Scholarship, Balkinization (series of posts dated June 18-22, 2007)
New Style of Election Reform Begins to Emerge, ROLL CALL (Tues. March 27, 2007).
How Does Your State Rank on the Democracy Index? LEGAL TIMES (Vol. XXX, No. 1, January 1, 2007)
Six Ways to Reform Democracy, Seeds of Change Forum, BOSTON REVIEW (November/December 2006)
Let’s Shift Gears in Voting-Rights Enforcement, ROLL CALL (Dec. 12, 2005)
Next Time, Start with the People, Balkinization, Nov. 10, 2004 (with Chris Elmendorf)
Citizens Must Drive Electoral Reform, ROLL CALL (Nov. 15, 2005)
For Shame: How to Embarrass States into Election Reform, TNR-Online (Sept. 28, 2005)
Race (Optional), The New Republic (Sept. 15, 2005).
Lost in the Political Thicket, LEGAL AFFAIRS (November/December 2004) 22.
Bigger Issues, New Democracy Forum, 26 BOSTON REVIEW 18 (2001)
Work featured in the Politico’s Top 50 Ideas 2017 Issue, Boston Globe’s Ideas Section, the Atlantic “Ideas of the Year” 2013 Issue, the New York Times, NPR, and Time Magazine.
WORKS IN PROGRESS:
The Myth of the Laboratories of Democracy
The Loyal Opposition (book project)
“Getting From Here to There in Election Reform: A Trio of Ideas” (April 12, 2010)