ISSUES IN ELECTION LAW

Jonathan H. Adler

Associate Professor of Law

216/368-2535

jha5@case.edu

 

Spring 2005

M 7:40-9:40pm

 

Overview

This course will examine recent and current issues and controversies related to U.S. election law.  The course will focus on careful readings of relevant court decisions, statutes, and academic commentary on various election law questions.  Potential topics to be covered include ballot access, voter fraud, disenfranchisement, redistricting and gerrymandering, campaign finance, campaign speech, and election contests.  The course will explore some of the legal questions that inevitably arise in the context of conducting democratic elections and how well courts and other legal institutions address these issues. 

Grades will be based exclusively upon class participation and short weekly writing assignments (1-3 pages) based upon the assigned reading. There will be no final exam.  This class may not be used to fulfill the writing requirement

Requirements

Attendance:  This class meets only once per week, and class participation is key component of each student’s grade.  Therefore, it is expected that all students will arrive on time and fully prepared for each class session.  Attendance will be taken at the beginning of each class.  If a student is more than 15 minutes late for class, it will count as an absence.  If a student has more than one unexcused absence, additional work may be required in order to receive full class credit.

Prerequisites:  While some background in administrative law and Constitutional Law II will be helpful, there are no prerequisites for this seminar. 

Reading Assignments:  Weekly reading assignments will be posted on Blackboard.  Students are expected to read the assigned material before each class and arrive prepared to discuss it in some detail.  Class participation will be graded.  At times, optional supplemental reading will be posted as well.  Such readings are optional, but may provide valuable context and background, particularly for those students less familiar with some of the underlying legal issues.

Weekly Assignments:  Prior to each class, students must submit two written comments or questions about the materials assigned for that class.  Comments and questions should be reasonably short – approximately 250-500 words each – and must be posted on Blackboard.  (There will be a Discussion Board folder for each week of class.)  Comments and questions should engage and address issues raised in the week’s readings and demonstrate that each student has carefully read and considered the assigned material.  Comments and questions are due at least twenty-four hours prior to the start of class.  In other words, questions about the readings for each Monday must be posted no later than 7:40pm on Sunday evening.  Students must submit comments even if they will be absent from class on that day.  Student questions and comments will help form the basis for class discussion and will be incorporated into the class participation grade.  Note: Comments are due for the first day of class, Monday, January 10.

Grades

Grades for this course will be based upon a combination of class participation and the weekly written assignments.