WORKS IN PROGRESS

Professor Nathaniel Persily

Gay Marriage, Public Opinion and the Courts [PDF]

The Place of Competition in American Election Law, in The Marketplace of Democracy, Michael McDonald and John Samples, eds. (Brookings Institution Press, forthcoming 2006) [PDF]

When Judges Carve Democracies: A Primer on Court-Drawn Redistricting Plans [PDF]

The Law of the Census: How to Count, What to Count, Whom to Count, and Where to Count Them (forthcoming in Title TBA, Russell Sage Press, 2005) [Word]

NCSL Presentation on Partisan Gerrymandering After Vieth v. Jubilerer [PPT]

NCSL Presentation on the Constitutionality of Counting Overseas Americans in the Census [PPT]

Amicus Brief in Utah v. Evans [PDF]

Explaining Trends in Public Opinion of the Supreme Court [PDF]

Recent Publications

Regulating Democracy Through Democracy: The Use of Direct Legislation in Election Law Reform, USC Law Review (forthcoming 2005) (with Melissa Cully Anderson). [Word]

Forty Years in the Political Thicket: Evaluating Judicial Review of the Redistricting Process Since Reynolds v. Sims (forthcoming in Bruce Cain & Thomas Mann, Title TBA, Brookings Press, 2005)[Word]

The Law of American Party Finance (in Samuel Issacharoff and Keith Ewing, Title TBA, Oxford Press 2005) [Word]

Perceptions of Corruption and Campaign Finance: When Public Opinion Determines Constitutional Law, 153 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 119 (2004) (with Kelli Lammie). [PDF]

In Defense of Foxes Guarding Henhouses: The Case for Judicial Acquiescence to Incumbent-Protecting Gerrymanders, 115 HARVARD LAW REVIEW 593 (2002). [Word] [PDF]

The Complicated Impact of One Person One Vote on Political Competition and Representation, 80 NORTH CAROLINA LAW REVIEW 1299 (2002) (with Thad Kousser and Patrick Egan) [PDF]

The Legal Implications of a Multiracial Census, in Joel Perlmann & Mary Waters, THE NEW RACE QUESTION (Russell Sage Press, 2002).[PDF]

Soft Money and Slippery Slopes, 1 ELECTION LAW JOURNAL 401 (2002). [PDF]

Candidates v. Parties: The Constitutional Constraints on Primary Ballot Access Laws, 88 GEORGETOWN LAW JOURNAL 2181 (2001). [PDF] [Word]

Toward a Functional Defense of Political Party Autonomy, 76 N.Y.U. LAW REVIEW 750 (2001) [Word] [PDF]

The Legal Status of Political Parties: A Reassessment of Competing Paradigms, 100 COLUMBIA LAW REVIEW 775 (2000) (with Bruce Cain) [PDF] [Word]

The Peculiar Geography of Direct Democracy: Why the Initiative, Referendum and Recall Developed in the American West, 2 MICHIGAN LAW & POLICY REVIEW 11 (1997) [PDF]

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