[EL] List of articles and other resources sent to me in response to my request (on Shelby County)

[Scarberry, Mark]

As promised, here is a compilation of articles and other resources that conlawprof and election-law list members sent me. Sorry for any misspellings or imperfect citations. If I missed something that one of you sent me, let me know and I'll send out a supplemental message. I'm sure there are many excellent articles that weren't sent to me and thus aren't in this list. Please recommend them directly to the rest of us (rather than sending them to me for me to forward on). 


Joseph Fishkin, The Dignity of the South, 123 Yale L.J. Online 175 (2013), http://yalelawjournal.org/forum/the-dignity-of-the-south, and http://balkin.blogspot.com/2013/06/the-way-forward-after-shelby-county.html. 

Morgan Kousser, Do the Facts of Voting Rights Support Chief Justice Roberts's Opinion in Shelby County?, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2592829. 

Thomas Colby, Forthcoming, 65 DUKE L.J. (2016), IN DEFENSE OF THE EQUAL SOVEREIGNTY PRINCIPLE  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2616889. 

Richard Pildes, Institutional Formalism and Realism in Constitutional and Public Law, 2013 Supreme Court Review 1, http://ssrn.com/abstract=2411141; Shelby Commentary: What does the Court's decision mean? http://www.scotusblog.com/2013/06/shelby-commentary-what-does-the-courts-decision-mean/; and Legal scholarship highlight: How should the Court assess the workings of the other institutions of government?, http://www.scotusblog.com/2014/05/legal-scholarship-highlight-how-should-the-court-assess-the-workings-of-the-other-institutions-of-government/. 

Justin Levitt, Section 5 as Simulacrum, 123 Yale L.J. Online 151 (2013), http://ssrn.com/abstract=2265729, and http://www.scotusblog.com/2013/06/shadowboxing-and-unintended-consequences/. 

Guy-Uriel Charles & Luis Fuentes-Rohwer, State's Rights, Last Rites, and Voting Rights, 47 Conn. L. Rev. 481,  http://connecticutlawreview.org/files/2014/12/10-CharlesandRohwer.pdf.

Richard Hasen, Shelby County and the Illusion of Minimalism, http://ssrn.com/abstract=2291612.

Samuel Issacharoff, Beyond the Discrimination Model on Voting, http://ssrn.com/abstract=2306080.

Christopher S. Elmendorf & Douglas M. Spencer, The Geography of Racial Stereotyping: Evidence and Implications for VRA Preclearance After Shelby County, 102 CAL. L. REV. ___, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262954, and Administering Section 2 of the VRA After Shelby County, Columbia Law Review, vol. 115 Forthcoming,  http://ssrn.com/abstract=2414652. 

Nicholas Stephanopoulos, The South After Shelby County, 2013 Supreme Court Review 55, http://ssrn.com/abstract=2336749. 

Rick Vallely, , The Two Reconstructions (Univ. of Chicago Press), and Xi Wang, The Trial of Democracy (Univ. of Georgia Press), both of which provide background on voting rights laws during Reconstruction.

A piece by Judge Posner in Slate (I don't have the cite).

Abigail Thernstrom, WSJ op-ed, A Vindication of the Voting Rights Act -- The Supreme Court's ruling in Shelby County will help black political aspirations, June 26, 2013.

Akhil Reed Amar, Essay: The Lawfulness of Section 5 - and Thus of Section 5, HARVARD LAW REVIEW FORUM, http://harvardlawreview.org/2013/02/the-lawfulness-of-section-5-and-thus-of-section-5/.

Ilya Shapiro, SHELBY COUNTY AND THE VINDICATION OF MARTIN LUTHER KING'S DREAM, 8 New York University Journal of Law & Liberty 182, http://object.cato.org/sites/cato.org/files/articles/shelby-county-for-nyujll-final.pdf. 



Thanks for all the responses to my initial question.

Mark

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law