Bibliography

• Books
  • Election Law: Cases and Materials (with Richard L. Hasen, Daniel P. Tokaji, and Nicholas Stephanopoulos). 6th ed. Carolina Academic Press (2017).
• Articles And Chapters
  • Presidential Nomination Reform: Legal Constraints and Procedural Possibilities, in Reforming the Presidential Nomination Process, 173-96 (edited by Steven S. Smith & Melanie S. Springer, Brookings Institution Press, 2009).
  • Law and Mercy in The Merchant of Venice, in Law and Language: Theory and Society (edited by Frances Olsen, et al., Dusseldorf University Press, 2008).
  • The Meaning of Bush v. Gore, 68 Ohio State Law Journal 1007-33 (2007).
  • Legal Regulation and Protection of American Parties, in Handbook of Political Parties, 456-70 (edited by Richard S. Katz & William Crotty, Sage Publications, 2006).
  • Vieth’s Gap: Has the Supreme Court Gone from Bad to Worse on Partisan Gerrymandering?, 14 (3) Cornell Journal of Law & Public Policy 367-95 (2005). Article Link
  • When is a Campaign Contribution a Bribe?, in Private and Public Corruption, (edited by John Kleinig, Rowman & Littlefield, 2004).
  • Lessons from the Florida Controversy, in Realising Democracy: Electoral law in Australia, (edited by Graeme Orr, Bryan Mercurio and George Williams, Federation Press, 2003).
  • An Irresponsible Intrusion, 1 (4) The Forum Article 4 (2003). Published Online
  • Voting with Votes, 116 Harvard Law Review 1971-94 (2003). Review of Voting with Dollars: A New Paradigm for Campaign Finance, by Bruce Ackerman & Ian Ayres.
  • The Stealth Campaign: Experimental Studies of Slate Mail in California (with Shanto Iyengar & Seth Masket), 17 Journal of Law & Politics 295-332 (2002).
  • Initiatives and the New Single Subject Rule, 1 Election Law Journal 35-48 (2002).
  • Campaign Finance, Race, and Equality, 79 North Carolina Law Review 1535-40 (2001).
  • The Supreme Court Has No Theory of Politics--And Be Thankful for Small Favors, in The U.S. Supreme Court and the Electoral Process, (edited by David K. Ryden, Georgetown University Press, 2000).
  • Political Reform Is Political, in The U.S. House of Representatives, (edited by Joseph F. Zimmerman and Wilma Rule, Praeger, 2000).
  • A Role for Parties, in Money and Politics: Financing Our Elections Democratically, (edited by Joshua Cohen & Joel Rogers, Beacon Press, 1999).
  • Election Law as a Subject--A Subjective Account, 32 Loyola L.A. Law Review 1199-1215 (1999).
  • Election Law Miscellany: Enforcement, Access to Debates, Qualification of Initiatives, 77 Texas Law Review 2001-21 (1999).
  • You Don’t Have to be Liberal to Hate the Racial Gerrymandering Cases, 50 Stanford Law Review 779-835 (1998).
  • Election Law and Rules for Using Initiatives (with Caroline J. Tolbert and Todd Donovan), in Citizens as Legislators: Direct Democracy in the United States, (edited by Shaun Bowler et al., Ohio State Univ. Press, 1998).
  • Political Parties and the Constitution, in Voting Rights and Redistricting in the United States, (edited by Mark Rush, Greenwood Press, 1998).
  • Race and Representation in the Supreme Court, in Voting Rights and Redistricting in the United States, (edited by Mark Rush, Greenwood Press, 1998).
  • The Goldwater Institute and the Federalist Society: Federalism and Judicial Mandates (with Lino A. Graglia, et al.), 28 Arizona State Law Review 17-220 (1996).
  • Associational Rights of the Major Political Parties: A Political and Jurisprudential Dead End, 16 American Review of Politics 351-70 (1995).
  • Campaign Contributions and Corruption: Comments on Strauss and Cain, 1995 Univ. of Chicago Legal Forum 163-92 (1995).
  • Are Congressional Term Limits Constitutional, 18 Harvard Journal of Law & Public Policy 1-72 (1994).
  • Congressional Term Limits and the Constitution, in The Politics and Law of Term Limits, 125-40 (edited by Edward H. Crane & Roger Pilon, Cato Institute, 1994).
  • The Failure of the Act: Conceptions of Law in The Merchant of Venice, Bleak House, Les Misérables, and Richard Weisberg’s Poethics, 15 Cardozo Law Review 1139-1243 (1994).
  • Associational Rights of Major Political Parties: A Skeptical Inquiry, 71 Texas Law Review 1741-92 (1993). Symposium: Regulating the Electoral Process.
  • American Political Parties, in Developments in American Politics, at 63-85 (edited by G.Peele, C. Bailey, B. Cain, St. Martin's, 1992).
  • A Patternless Mosaic: Campaign Finance and the First Amendment after Austin, Capital University Law Review 381-427 (1992). A Symposium on Comparative Political Expression and the First Amendment.
  • A Democratic Perspective on Legislative Districting (Reflections on the Political Parties and Reapportionment: The 1990 Census and Beyond (with Ronald H. Brown), 6 Journal of Law and Politics 673-81 (1990).
  • Bandemer’s Gap: Gerrymandering and Equal Protection, in Political Gerrymandering and the Courts, 64-116 (edited by (B. Grofman, Agathon Press, 1990).
  • On Campaign Finance Reform: The Root of All Evil is Deeply Rooted (Frameworks of Analysis and Proposals for Reform: A Symposium of Campaign Finance), 18 Hofstra Law Review 301-67 (1989).
  • The First Amendment and Paid Initiative Petition Circulators: A Dissenting View and a Proposal (From Gold Dust to Silicon Chips: The California Constitution in Transition (with Robert M. Stern), 17 Hastings Constitutional Law Quarterly 301-67 (1989).
  • Too Much Puff': Persuasion, Paternalism, and Commercial Speech, 56 University of Cincinnati Law Review 1205-49 (1988). Symposium: Commercial Speech and the First Amendment. Transcript.
  • For God, For Country, or For Me?, 74 California Law Review 1479-1512 (1986). Review of Bribes, by John T. Noonan, Jr.
  • The Quest for Legislative Districting in the Public Interest: Elusive or Illusory? (with Jonathan Steinberg), 33 UCLA Law Review 1-75 (1985). Symposium: Gerrymandering and the Courts.
  • Political Bribery and the Intermediate Theory of Politics, 32 UCLA Law Review 784-851 (1985). Excerpts published in Political Corruption (2nd edition, edited by A. HeidenHeimer, M. Johnston, & V. Levine, 1988).
  • Comments on Magleby, “Researching California’s Direct Democracy,” in Institute of Governmental Studies, Conference Report: Conference on Research Needs in California Government and Politics, May 11-12, 1984, pp. 196-204 (University of California, Berkeley).
  • California Initiatives and the Single-Subject Rule, 30 UCLA Law Review 936-75 (1983).
  • Campaign Spending and Ballot Propositions: Recent Experience, Public Choice Theory and the First Amendment, 29 UCLA Law Review 505-641 (1982).
  • Need for Reform as Great as Ever (Forecast from Lowenstein: Campaign-Finance Scandals Ahead), 10 California Journal 103-05 (1979).
  • Neighborhood Law Offices: The New Wave in Legal Services for the Poor (with Michael J. Waggoner), 80 Harvard Law Review 805-50 (1967).
  • Disqualification of Judges for Bias in the Federal Courts, 79 Harvard Law Review 1435-52 (1966).
• Other
  • Book Review, 9(3) The Journal of the Federalist Society 116-18 (2008). Review of The Rise of the Conservative Legal Movement: The Battle for Control of the Law, by Steven M. Teles.
  • Should We Dispense with the Electoral College?, 155 University Of Pennsylvania Law Review PENNumbra 10-37 (2007). Debate with Sanford Levinson and John McGinnis. Available at University of Pennsylvania Online.
  • Conflict and Corruption: Appearances and Reality, Western City at 10-12 (May 1999).
  • A Role for Parties, 22 Boston Review 15-16 (April/May 1997).
  • Can States Prevent Candidates from Appearing on the Ballot under More than One Party Label?, West's Legal News (Dec. 6, 1996). WLN 13038, 1996 WL 694945 (1996) (on-line publication).
  • Book Review, 518 Annals of the American Academy of Political & Social Science 202-3 (1991). Review of Beyond the Constitution, by Hadley Arkes.
  • "Oral History Interview with Daniel H. Lowenstein." Los Angeles: UCLA Oral History Program, for the State Government Oral History Program, California State Archives (1989). Interviewed by Carlos Vasquez.
  • Campaign Finance and the Constitution, Social Science Working Papers, Division of the Humanities and Social Sciences of the California Institute of Technology (1989). Also published in 1 Political Parties and Elections in the United States: An Encyclopedia, 121-28 (L. Sandy Maisel, ed., Garland, 1991).
  • Contributer, in Encyclopedia of the American Constitution (edited by Kenneth L. Karst, Leonard W. Levy, et al., Macmillan, 1986).
  • Principal Draftsman, Political Reform Act of 1974 (Prop. 9) (on-line publication)