[EL] ELB News and Commentary 10/8/18

Mon Oct 8 07:03:57 PDT 2018

President Trump Nominates Benjamin Hovland to Seat on Election Assistance Commission; Apparently No Democratic Member Nomination Paired with This One<https://electionlawblog.org/?p=101402>
Posted on October 8, 2018 7:01 am<https://electionlawblog.org/?p=101402> by Rick Hasen<https://electionlawblog.org/?author=3>

The announcement is here<https://www.whitehouse.gov/presidential-actions/president-donald-j-trump-announces-intent-nominate-personnel-key-administration-posts-64/>. (Via Political Activity Law.<http://politicalactivitylaw.com/>)

I’ve never heard of him, and I had expected a Democrat and a Republican to be nominated together for the two vacant seats. Looking to reading some reporting on these developments
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Posted in Election Assistance Commission<https://electionlawblog.org/?cat=34>

“Wall Street Is Booming Under Trump. But Many of Its Donors Are Embracing Democrats.”<https://electionlawblog.org/?p=101400>
Posted on October 8, 2018 6:56 am<https://electionlawblog.org/?p=101400> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2018/10/07/us/politics/wall-street-election-donations.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=rank&module=package&version=highlights&contentPlacement=1&pgtype=sectionfront>

The stock market may be booming. Unemployment is hitting record lows. Republicans pushed through $1.5 trillion in tax cuts.

But despite all that, for the first time in a decade, the broader financial community is on pace to give more money to Democratic congressional candidates and incumbents than their Republican counterparts, according to data from the Center for Responsive Politics, a nonpartisan group that tracks campaign donations….

Four years ago, in the last congressional midterm, Republican incumbents and candidates outraised Democratic counterparts by more than $50 million<https://www.opensecrets.org/industries/summary.php?ind=F&recipdetail=A&sortorder=U&mem=Y&cycle=2014> in direct donations from the broader finance, insurance and real estate industries, according to the Center for Responsive Politics. And in 2016 and 2012, Republicans outraised Democrats from that group by nearly $50 million<https://www.opensecrets.org/industries/summary.php?ind=F&recipdetail=A&sortorder=U&mem=Y&cycle=2016> and $100 million<https://www.opensecrets.org/industries/summary.php?ind=F&recipdetail=A&sortorder=U&mem=Y&cycle=2012> respectively, the data show. This year, Democrats held a narrow $5 million advantage<https://www.opensecrets.org/industries/summary.php?ind=F&recipdetail=A&sortorder=U&mem=Y&cycle=2018> through the middle of the year.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>

“Susan Collins calls donations to her future opponent a ‘classic quid pro quo’ to extort her”<https://electionlawblog.org/?p=101398>
Posted on October 8, 2018 6:53 am<https://electionlawblog.org/?p=101398> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo reports.<https://www.washingtonpost.com/politics/2018/10/06/susan-collins-announced-support-kavanaugh-causing-site-fund-future-opponent-crash/?utm_term=.af2ee728c980>

I wrote at Slate<https://slate.com/news-and-politics/2018/09/susan-collins-complains-of-bribery-after-nonbillionaires-try-to-influence-her-kavanaugh-vote.html> about why Collins is wrong about the law: Susan Collins Complains of “Bribery” After Nonbillionaires Try to Influence Her Kavanaugh Vote.
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Posted in bribery<https://electionlawblog.org/?cat=54>

Laycock and Hasen, Modern American Remedies (5th Edition AND Concise 5th Edition) Ready in Time for Spring Classes<https://electionlawblog.org/?p=101396>
Posted on October 7, 2018 9:33 am<https://electionlawblog.org/?p=101396> by Rick Hasen<https://electionlawblog.org/?author=3>

This has been consuming most of my time for the last 9 months, and so glad the moment is here:

Modern American Remedies: Cases and Materials, Fifth Edition<http://www.wklegaledu.com/Laycock-Remedies5>
Douglas Laycock, University of Virginia
Richard L. Hasen, University of California, Irvine

Pages: 1,104
ISBN: 9781454891277
Available November 2018

AND

Modern American Remedies: Cases and Materials, Concise Fifth Edition<http://www.wklegaledu.com/Laycock-RemediesConcise5>
Douglas Laycock, University of Virginia
Richard L. Hasen, University of California, Irvine

Pages: Approx. 860
ISBN: 9781454891260
Available November 2018

Below is more information on the full Fifth Edition

Modern American Remedies: Cases and Materials, Fifth Edition by Douglas Laycock and Richard L. Hasen will be available in November for use in Spring 2019 classes.

Modern American Remedies: Cases and Materials, Fifth Edition is highly respected for its original and logical conceptual framework, comprehensive coverage, excellent case selection, and authoritative and well-written notes. The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues.

New to the Fifth Edition:
·         New co-author Richard L. Hasen, author of Remedies: Examples and Explanations, a problem-based study guide and secondary adoptable for the casebook
·         Key legal developments through the Supreme Court’s June 2018 decisions, including
·
·         litigation surrounding President Trump’s travel ban
·         Updated material on cy pres settlements in anticipation of Frank v. Gaos, the Supreme Court case involving Google
·         Recent case law regarding the Third Restatement’s approach to unjust enrichment
·         New, updated, or expanded notes on current issues, such as
·         The rise of nationwide injunctions in challenges to federal policy
·         Disputes over the scope of qualified immunity rules for government officials, especially police officers
·         Donald Trump, Stormy Daniels, and Michael Cohen’s business partner
·         A new drafting assignment involving an injunction in a case of same-sex harassment in employment
·         New principal cases:
·         Commercial Real Estate Investment v. Comcast of Utah, on new approaches to liquidated damages
·         Sunnyland Farms v. Central New Mexico Electric Coop, on proximate cause in tort and contract
·         Brown v. Plata, on structural injunctions and reform of prisons
·         Lord & Taylor v. White Flint, on specific performance of long term contracts
·         Armstrong v. Exceptional Child Center, on implied rights of action and the federal equity power
·         Bonina v. Sheppard, on measuring restitution from innocent defendants
·         In re Hypnotic Taxi LLC, on the standards for pre-judgment attachments
·         James v. National Financial, LLC, on unconscionability in consumer contracts
·         Arizona Libertarian Party v. Reagan, on laches in election cases

Professors and students will benefit from:
·         Strong conceptual organization based on remedies categories—compensatory and punitive damages, injunctions, restitution, declaratory judgments, enforcement of judgments (contempt and collections), attorneys’ fees, and remedial defenses—and in terms of daily teaching units of roughly equal length, each unit having a clear central theme
·         Appropriate balance of public and private law
·         Highly teachable and memorable cases, well edited and supported by informative and authoritative notes
·         Coverage and critique of basic law and economics as applied to key remedies issues
·         Plenty of information to support class discussion, case analysis, and applying concepts to varied fact patterns

Teaching materials include:
·         Cases and notes from previous editions omitted from the 5th Edition available online
·         Annual Professor’s Update or Supplement
·         Excellent Teacher’s Manual (as PDF or Word files), including:
·         Introduction
·         Transition Guide
·         Designing the Remedies Course
·         Introduction, daily teaching units, suggested assignment sheets
·         Sample Syllabi for a 1, 2, 3, 4, or 5 hour course
·         Suggestions for teaching the cases (all units, all chapters)
·         Wrapping Up: An Overview Lecture

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Posted in Remedies<https://electionlawblog.org/?cat=57>

Must-Read: “Confirming Kavanaugh: A Triumph for Conservatives, but a Blow to the Court’s Image”<https://electionlawblog.org/?p=101394>
Posted on October 7, 2018 9:27 am<https://electionlawblog.org/?p=101394> by Rick Hasen<https://electionlawblog.org/?author=3>

Adam Liptak<https://www.nytimes.com/2018/10/06/us/politics/conservative-supreme-court-kavanaugh.html?action=click&module=Top%20Stories&pgtype=Homepage> captures the peril for the Court:

For President Trump and for Senate Republicans, confirming Judge Brett M. Kavanaugh as a Supreme Court justice was a hard-won political victory. But for the conservative legal movement, it is a signal triumph, the culmination of a decades-long project that began in the Reagan era with the heady goal of capturing a solid majority on the nation’s highest court.

With Judge Kavanaugh’s swearing-in, that goal has been accomplished, and the Supreme Court will be more conservative than at any other time in modern history. By some measures, “we might be heading into the most conservative era since at least 1937,” said Lee Epstein<https://law.wustl.edu/faculty_profiles/profiles.aspx?id=10166>, a law professor and political scientist at Washington University in St. Louis…

There will be no swing justice in the mold of Anthony M. Kennedy, Sandra Day O’Connor or Lewis F. Powell Jr., who forged alliances with both liberals and conservatives. Instead, the court will consist of two distinct blocs — five conservatives and four liberals. The court, in other words, will perfectly reflect the deep polarization of the American public and political system.

The fight to put Judge Kavanaugh on the court only widened that division. The confirmation process was a bare-knuckle brawl, and the nomination was muscled through by sheer force of political will. All of this inflicted collateral damage on the court, leaving it injured and diminished.

It also left Chief Justice John G. Roberts Jr. in a tricky spot. He will acquire an additional measure of power, taking the seat at the court’s ideological center that had been held by Justice Kennedy, whose retirement in July created the vacancy filled by Judge Kavanaugh. But Chief Justice Roberts may want to use that power sparingly if he is to rebuild trust in an institution that has been discussed for months in almost purely political terms.
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>

“SCOTUS punts on Ross deposition fight, for now”<https://electionlawblog.org/?p=101392>
Posted on October 5, 2018 12:09 pm<https://electionlawblog.org/?p=101392> by Rick Hasen<https://electionlawblog.org/?author=3>

Politico:<https://www.politico.com/blogs/under-the-radar/2018/10/05/scotus-punts-wilbur-ross-deposition-fight-875935>

The Supreme Court is passing up, for now, the Trump administration’s request to block Commerce Secretary Wilbur Ross from having to give testimony in lawsuits challenging the addition of a question on citizenship to the 2020 U.S. census.

Justice Ruth Bader Ginsburg issued an order Friday turning down an emergency stay application the Justice Department submitted Wednesday in a bid to head off depositions of Ross and Justice’s top civil rights official, acting assistant secretary John Gore.

Ginsburg’s language suggested the court would reconsider the issue once the government exhausted challenges it has brought at the 2nd Circuit Court of Appeals, attempting to halt the depositions ordered by a federal district court judge in Manhattan<https://www.politico.com/story/2018/09/21/wiilbur-ross-census-deposition-801266>.
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Posted in Supreme Court<https://electionlawblog.org/?cat=29>

“Episode 150: Giving the Vote Back”<https://electionlawblog.org/?p=101390>
Posted on October 5, 2018 8:29 am<https://electionlawblog.org/?p=101390> by Rick Hasen<https://electionlawblog.org/?author=3>

No Jargon Podcast:<https://player.fm/series/scholars-strategy-networks-no-jargon/episode-150-giving-the-vote-back>

Casting a ballot seems as American as apple pie. But in Florida, one in ten people have had their voting rights taken away because of a criminal conviction. Professor Ciara Torres-Spelliscy dives into the history of Florida’s voting system, how ex-felons get their rights back, and what Florida voters can do to help.
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Posted in felon voting<https://electionlawblog.org/?cat=66>

“Challenge to Ohio’s voting roll purges persists after Supreme Court decision”<https://electionlawblog.org/?p=101388>
Posted on October 5, 2018 8:03 am<https://electionlawblog.org/?p=101388> by Rick Hasen<https://electionlawblog.org/?author=3>

Cleveland Plain Dealer:<https://www.cleveland.com/metro/index.ssf/2018/10/challenge_to_ohios_voting_roll.html#article>

Three months after they lost<https://www.cleveland.com/metro/index.ssf/2018/06/us_supreme_court_upholds_ohios.html> a U.S. Supreme Court challenge to Ohio’s process for removing inactive voters from its rolls, the lawsuit’s plaintiffs are back in federal court with a related claim: the notification forms Ohio used to initiate voter removal are illegal.

The plaintiffs say all voters the state deleted from the rolls from 1995 through 2016 through the disputed process upheld by the Supreme Court were actually removed unlawfully because the state’s notices for removal didn’t comply with the National Voter Registration Act of 1993.

On Sept. 14, the Ohio A. Philip Randolph Institute, the Northeast Ohio Coalition for the Homeless and Larry Harmon asked U.S. District Judge George C. Smith to reinstate all eligible voters who were sent the deficient notices, or take other measures to protect their voting rights in next month’s election.
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Posted in election administration<https://electionlawblog.org/?cat=18>

“Voters reported being blocked from Pa. election site — and from obtaining absentee ballots — as early as 2016”<https://electionlawblog.org/?p=101386>
Posted on October 5, 2018 8:00 am<https://electionlawblog.org/?p=101386> by Rick Hasen<https://electionlawblog.org/?author=3>

The Philly Inquirer reports <http://www2.philly.com/philly/news/pa-uocava-voters-abroad-blocked-as-early-as-2016-overseas-absentee-ballot-20181005.html>
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Posted in election administration<https://electionlawblog.org/?cat=18>

True the Vote Lists Areas With High Minority Populations as “Hotspots” for Election “Integrity” Efforts<https://electionlawblog.org/?p=101384>
Posted on October 4, 2018 11:32 am<https://electionlawblog.org/?p=101384> by Rick Hasen<https://electionlawblog.org/?author=3>

Via email:

Dear Supporter,

With little more than a month until the general election, the battle for election integrity is raging from coast to coast – and as the Wall Street Journal rightly reported, the Senate Fight Unfolds on Deep Red Terrain<http://email.pdmcampaign.com/ct/49376733:WHiWdgGBN:m:1:622831676:883299EA88E947F90A04DA23F9EA139B:r>. True the Vote went out on a bit of a limb when we forecasted our target states, but polls are now showing that all ten of our targets have races with extremely narrow margins; so we are focused in the right places. Here’s what’s on our radar:
[http://email.pdmcampaign.com/cimages/29c67ed94c2e3e72b32a5ba43a71fb2f/ttv20181004.png]

Make no mistake, integrity is critical in all elections, in every state. We’ve chosen to highlight these races because they are soooo close, which makes it all the more important for well-trained volunteers to help uphold the rule of law at every step of the electoral process. With that in mind, here’s what True the Vote is doing, online and on the ground:
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>

--
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
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
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