[EL] Articles or commentary on Shelby County

[Nicholas Stephanopoulos]

Thanks for the mention, Doug. In addition to Chris and Doug's excellent
work, I'd flag Rick Pildes's article
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2411141>on how the
*Shelby* Court took a formalist rather than a realist perspective toward
Congress's likely response to the decision.

Nick

On Tue, Jun 9, 2015 at 2:46 PM, Doug Spencer <dougspencer at gmail.com> wrote:

> Guy Charles and Luis Fuentes-Rohwer have a good piece
> <http://connecticutlawreview.org/files/2014/12/10-CharlesandRohwer.pdf> arguing
> that *Shelby County* destabilized longstanding federalism and separation
> of powers doctrines on matters of race and politics. Rick Hasen agrees
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2291612&rec=1&srcabs=2262954&alg=1&pos=1> and
> further laments the Court's failure to acknowledge what it was doing. Sam
> Issacharoff
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2306080&rec=1&srcabs=2288248&alg=1&pos=2> argues
> that the best response to *Shelby County *is a stronger reliance by
> Congress on the Elections Clause.
>
> If you are interested in more empirical work, Chris Elmendorf and I have
> shown how contemporary survey data could be used by Congress to update the
> coverage formula (see here
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262954>) and also to
> bolster Section 2 of the VRA, which was weakened by the decision (see here
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2414652>,
> forthcoming).
>
> Nick Stephanopoulos also has a great article in the *Supreme Court Review*
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2336749> that
> evaluates the effect of *Shelby County *by looking at the gap between
> section 2 and section 5. He presents a series of maps that show
> congressional and state legislative districts that met the standard
> required for preclearance under Section 5 but that are now vulnerable under
> the standard required in Section 2 cases.
>
> -----
> *Douglas M. Spencer*
> *Associate Professor of Law & Public Policy*
> University of Connecticut
> 315 Chase Hall
> 55 Elizabeth Street
> Hartford, CT 06105
> http://www.dougspencer.org
>
>
> On Tue, Jun 9, 2015 at 1:28 PM, Scarberry, Mark <
> Mark.Scarberry at pepperdine.edu> wrote:
>
>> What is the best current work on the Shelby County case (published or on
>> SSRN or ...)? Off-list responses are fine. I'm interested in articles and
>> also shorter-form insightful pieces. Don't hesitate to cite your own work.
>> I'm also sending this post to the conlawprof list; sorry for the
>> duplication if you're on both lists.
>>
>> Mark
>>
>> Mark S. Scarberry
>> Pepperdine University School of Law
>>
>>
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-- 
Nicholas O. Stephanopoulos
Assistant Professor of Law
University of Chicago Law School
nsteph at uchicago.edu
(773) 702-4226
http://www.law.uchicago.edu/faculty/stephanopoulos
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