[EL] ELB News and Commentary 7/15/14

Rick Hasen rhasen at law.uci.edu
Mon Jul 14 21:24:03 PDT 2014


    House Democrats to Unveil Campaign Finance Amendment
    <http://electionlawblog.org/?p=63305>

Posted on July 14, 2014 9:21 pm <http://electionlawblog.org/?p=63305>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Politico reports. 
<http://www.politico.com/story/2014/07/campaign-finance-amendment-house-democrats-108877.html?hp=l4>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>


    Irony Dept: Election Law Prof's Residency May Be Questioned in NY
    Gov's Race <http://electionlawblog.org/?p=63301>

Posted on July 14, 2014 9:17 pm <http://electionlawblog.org/?p=63301>by 
Rick Hasen <http://electionlawblog.org/?author=3>

See here. 
<http://statenisland.ny1.com/content/politics/212234/gubernatorial-candidate-zephyr-teachout-gears-up-for-legal-challenge/>

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Posted in residency <http://electionlawblog.org/?cat=38>


    Top Ten Law Faculty in Election Law by Scholarly Impact, 2009-2013
    <http://electionlawblog.org/?p=63297>

Posted on July 14, 2014 9:05 pm <http://electionlawblog.org/?p=63297>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Brian Leiter conducted arecent scholarly survey 
<http://www.leiterrankings.com/faculty/2014_scholarlyimpact.shtmlhttp://www.leiterrankings.com/faculty/2014_scholarlyimpact.shtml>aimed 
at identifying *the "ten most highly cited faculty for the period 2009 
through 2013 in 11 major areas* of legal scholarship: Commercial 
Law/Contracts/Bankruptcy; Corporate Law/Securities Regulation; Criminal 
Law & Procedure; Intellectual Property/Cyberlaw; International Law; Law 
& Economics; Law & Philosophy; Law & Social Science (excl. economics); 
Legal History; Public Law; and Tax. There is also an overall list of the 
ten most cited faculty regardless of area."

I thought it might be useful to conduct a similar survey of election law 
scholars teaching in law schools. I used similar methodology to Leiter's 
(the only real difference is that in the Westaw searches I included 
nicknames such as "Sam" given the common number of nicknames in the 
election law field).  I welcome corrections and additions.

Note also that a number of people on this list write and are cited in 
other areas. For example, Sam Issacharoff is cited often for his work in 
civil procedure.  Following Leiter, I included in this specialty listing 
those law professors people who appear to receive at least 75% of their 
citations in the election law field. Citations rounded to the nearest 10.

*Rank* 	*Name* 	*Institution* 	*Total Citations* 	
1 	Samuel Issacharoff 	NYU 	1040 	
2 	Rick Pildes 	NYU 	920 	
3 	Pam Karlan 	Stanford (currently on leave to DOJ) 	780 	
4 	Rick Hasen 	UC Irvine 	690 	
5 	Richard Briffault 	Columbia 	620 	
6 	Heather Gerken 	Yale 	480 	
7 	Beth Garrett 	USC 	450 	
  8 	Nate Persily 	Stanford 	420 	
9 	Adam Cox 	NYU 	330 	
10 	Jim Gardner 	Buffalo 	320 	

	*Highly cited scholars who work partly in *election law:** 	
	
	

	Jonathan Adler 	Case Western 	530 	

	Sam Bagenstos 	Michigan 	430 	

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Posted in election law biz <http://electionlawblog.org/?cat=51>


    "Cochran challenger asks court to open poll records"
    <http://electionlawblog.org/?p=63295>

Posted on July 14, 2014 7:29 pm <http://electionlawblog.org/?p=63295>by 
Rick Hasen <http://electionlawblog.org/?author=3>

AP reports. 
<http://www.washingtonpost.com/national/cochran-challenger-asks-court-to-open-poll-records/2014/07/14/8af90784-0bb3-11e4-bd2c-919fc31dc2e6_story.html>

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Posted in campaigns <http://electionlawblog.org/?cat=59>, election 
administration <http://electionlawblog.org/?cat=18>, recounts 
<http://electionlawblog.org/?cat=50>


    Video Now Available of 4th Annual @UCILaw #SCOTUS Term in Review
    Event <http://electionlawblog.org/?p=63293>

Posted on July 14, 2014 7:16 pm <http://electionlawblog.org/?p=63293>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Here <http://www.youtube.com/watch?v=przAY9NJQ2M>. (Of course Howard had 
this <http://howappealing.law.com/071414.html#057092> before I did.)

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>


    "Shaun McCutcheon wades into Mississippi race"- Unimpressively
    <http://electionlawblog.org/?p=63290>

Posted on July 14, 2014 3:50 pm <http://electionlawblog.org/?p=63290>by 
Rick Hasen <http://electionlawblog.org/?author=3>

According to Politico, 
<http://www.politico.com/story/2014/07/2014-mississippi-senate-elections-shaun-mccutcheon-108879.html> 
McCutcheon is alleging that thousands of people voted in Democratic 
primary in #MSSEN then voted in Republican runoff a few weeks later.

But we have seen no proof of that at all yet. Where's the proof in the 
complaint 
<http://images.politico.com/global/2014/07/14/2014-07-11_redacted_caf_ms_sen_double-voting_complaint.html>?  
It says "according to press reports."

Oh please.

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Posted in fraudulent fraud squad <http://electionlawblog.org/?cat=8>, 
recounts <http://electionlawblog.org/?cat=50>, The Voting Wars 
<http://electionlawblog.org/?cat=60>


    "Political Analysts Say McDaniel Needs Hard Evidence To Win Election
    Challenge" <http://electionlawblog.org/?p=63287>

Posted on July 14, 2014 3:21 pm <http://electionlawblog.org/?p=63287>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Mississippi Public Broadcasting reports 
<http://electionlawblog.org/Political%20Analysts%20Say%20McDaniel%20Needs%20Hard%20Evidence%20To%20Win%20Election%20Challenge%20-%20See%20more%20at:%20http://mpbonline.org/News/article/political_analysts_say_mcdaniel_needs_hard_evidence_to_win_election_challen#sthash.aDkQuuvf.dpuf>.

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Posted in recounts <http://electionlawblog.org/?cat=50>


    "Roberts's Incremental Approach Frustrates Supreme Court Allies"
    <http://electionlawblog.org/?p=63285>

Posted on July 14, 2014 3:18 pm <http://electionlawblog.org/?p=63285>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Important Adam Liptak Sidebar column 
<http://www.nytimes.com/2014/07/15/us/supreme-court-shows-restraint-in-voting-to-overrule-precedents.html?ref=politics>.

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Posted in Supreme Court <http://electionlawblog.org/?cat=29>


    "Washington's Unconstitutional Limits on Donations to Recall
    Campaigns Avoids Review" <http://electionlawblog.org/?p=63283>

Posted on July 14, 2014 3:11 pm <http://electionlawblog.org/?p=63283>by 
Rick Hasen <http://electionlawblog.org/?author=3>

The Institute for Justice has issued this press release. 
<http://ij.org/washington-recall-release-7-14-14>

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, recall 
elections <http://electionlawblog.org/?cat=11>


    A Problem with Paul Caron's Law Blog Rankings
    <http://electionlawblog.org/?p=63281>

Posted on July 14, 2014 3:10 pm <http://electionlawblog.org/?p=63281>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Every quarter, tax law prof (and owner of the Law Professor Blogs 
Network) Paul Caron publishes a list of the top blogs published by law 
professors. Here's the most recent one 
<http://taxprof.typepad.com/taxprof_blog/2014/07/law-prof-blog-.html>. 
Election Law Blog usually ranks in the 20s in these rankings---pretty 
respectable for the specialty law blogs. I find unsurprisingly that my 
ranking goes up slightly in election years and down in off years. The 
blog rankings also always undercount my readers, because they do not 
include the 1000+ people who get my full text posts each day via email 
on the election law listserv, or the hundreds more who get them via 
email through Feedburner or the legislation listserv.

I never paid too much attention to the rankings for that reason, and 
because I see the blog as an adjunct to my public service, teaching and 
scholarship in the election law field. My law school has always 
supported my blog and I don't sell advertising (unlike many other law 
blogs, including the blogs in Caron's network).

But then I saw this post by Matt Bodie 
<http://prawfsblawg.blogs.com/prawfsblawg/2014/07/refresh-rates-and-traffic-rankings-in-the-law-prof-blog-network.html> 
and I'm quite concerned that the numbers now in Caron's rankings are 
being unfairly gamed by some using "auto-refresh" on blogs---and 
especially Caron's shift now to list only "page views" in rankings. (To 
make sense of the last sentence, you will want to read Matt's post.)

When I saw Matt's post I asked UCI Law's IT department about whether it 
would make sense to add auto-refresh to my blog. The answer was an 
unequivocal no.  Here is part of the response:

    We discourage auto-refresh for the following reasons:

      * Mostly used to somewhat deceptively inflate the page view number
        and to increase the number of pay-per-click impressions in an
        open page.
      * May interrupt a user who is reading an article or in the middle
        of writing a comment.
      * May cause increased load on your server.
      * Accessibility guidelines say no to auto-refreshing:
        http://www.un.org/webaccessibility/5_scripts/53_refresh.shtml

    Auto-refresh really only makes sense if you're on a site that has
    constantly updating content, like displaying an auto-updating feed
    of the scores of a live World Cup game for example. Facebook
    auto-refreshes but allows users to choose whether you want to click
    to view the "New Stories" or not.

You will want to read not only Matt's post but also the comments, 
including one by Paul Caron and one by Steve Bainbridge.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>


    FEC Deadlocks on Cases Involving Americans for Job Security,
    American Action Network <http://electionlawblog.org/?p=63279>

Posted on July 14, 2014 2:56 pm <http://electionlawblog.org/?p=63279>by 
Rick Hasen <http://electionlawblog.org/?author=3>

Bloomberg BNA Money and Politics Report breaking news: "The Federal 
Election Commission, in apparent deadlocked votes, has dismissed 
enforcement cases against two major conservative nonprofit groups that 
spent millions of dollars on political ads in the 2010 and 2012 
elections. The FEC commissioners voted in late June to dismiss 
complaints against the nonprofits American Action Network and Americans 
for Job Security, but the results have not yet been made public by the 
agency. The two groups spent a combined total of over $55 million on ads 
advocating for Republicans or against Democrats in the last two 
elections, according to FEC reports compiled by the nonprofit Center for 
Responsive Politics."

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Posted in campaign finance <http://electionlawblog.org/?cat=10>, federal 
election commission <http://electionlawblog.org/?cat=24>, tax law and 
election law <http://electionlawblog.org/?cat=22>


    Judge in True the Vote #MSSEN Case Recuses Because of Friendship
    with Senator Cochran <http://electionlawblog.org/?p=63277>

Posted on July 14, 2014 2:51 pm <http://electionlawblog.org/?p=63277>by 
Rick Hasen <http://electionlawblog.org/?author=3>

See here. <http://www.scribd.com/doc/233846608/TTV-v-MS-Order-of-Recusal>

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Posted in campaigns <http://electionlawblog.org/?cat=59>, recounts 
<http://electionlawblog.org/?cat=50>


    "Feds taking 'prime role' in Texas voting maps case"
    <http://electionlawblog.org/?p=63275>

Posted on July 14, 2014 2:50 pm <http://electionlawblog.org/?p=63275>by 
Rick Hasen <http://electionlawblog.org/?author=3>

AP reports 
<http://www.chron.com/news/texas/article/Feds-taking-prime-role-in-Texas-voting-maps-case-5618309.php>.

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Posted in Uncategorized <http://electionlawblog.org/?cat=1>

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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