Harold Paul Green Research Professor of Law, George Washington University School of Law
Robert J. Cottrol joined the law school faculty in 1995 as a visiting professor of law of legal history. Previously, he taught at Rutgers University and Boston College, and had visited at the University of Virginia. As well as specializing in American legal history, Professor Cottrol has also taught torts and criminal law. His writings on law and history have appeared in the Yale Law Journal, Georgetown Law Journal, American Journal of Legal History, Law and Society Review, Slavery and Abolition: A Journal of Slave and Post-Slave Studies and American Quarterly, among others.
He is the author of The Afro-Yankees: Providence’s Black Community in the Antebellum Era (selected by Choice as an outstanding academic book for 1983), editor of Gun Control and the Constitution: Sources and Explorations on the Second Amendment (Book of the Month selection by the History Book Club), and From African to Yankee: Narratives of Slavery and Freedom in Antebellum New England (1998). Professor Cottrol’s book Brown v. Board of Education: Caste, Culture and the Constitution (2003) won the Langum Project Prize for Historical Literature in 2003 and was a “Book-of-the-Month” selection of the History Book Club. Most recently, he has authored The Long, Lingering Shadow: Slavery, Race, and Law in the American Hemisphere (2013).
He is currently doing research contrasting the role of law in the development of systems of slavery and racial hierarchy in the United States and Latin America. He has lectured on American law at the Federal Universities of Santa Catarina and Rio Grande do Sul in Brazil and the University of Buenos Aires and La Universidad del Museo Social in Argentina.
Professor of Law, Widener University Commonwealth Law School
Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law @ Moritz, Ohio State University Moritz College of Law
Professor Foley (known as “Ned”) directs Election Law @ Moritz at Ohio State’s law school, where he also holds the Ebersold Chair in Constitutional Law.
His book Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press, 2016) was named Finalist for the David J. Langum, Sr. Prize in American Legal History and listed as one of 100 “must-read books about law and social justice”.
He has completed a new book manuscript, Presidential Elections and Majority Rule (to be published by Oxford University Press), which employs historical analysis to offer a feasible reform of state laws that would enable the Electoral College to operate as intended and thereby avoid the election of presidents who lack majority support among the voters in the states responsible for their Electoral College victories.
As Reporter for the American Law Institute’s Project on Election Administration (with his Mortiz colleague Steven Huefner, who served as Associate Reporter), Professor Foley drafted Principles of Law: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, which provides nonpartisan guidance for the resolution of election disputes.
During his fellowship at Stanford University’s Center on Democracy, Development, and the Rule of Law, Foley wrote Due Process, Fair Play and Excessive Partisanship: A New Principle of Judicial Review of Election Law, 84 U. Chicago Law Review 655-758 (2017), which was cited in briefs in Gill v. Whitford and Benisek v. Lamone (the Supreme Court gerrymandering cases). His extensive online commentary about gerrymandering includes: Wechsler, History, and Gerrymandering, Scotusblog, and Constitutional Preservation, the Marbury Duty & Congressional Gerrymanders, Election Law Blog.
While Professor Foley has special expertise on recounts and other procedures for fairly and accurately identifying which candidate is the winner in close elections, he has written widely on all aspects of election law, including the need for nonpartisan institutions in election administration. He has also co-authored Election Law and Litigation: The Judicial Regulation of Politics (Wolters Kluwer 2014).
Professor Foley has taught at Ohio State since 1991. Previously, he clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals and Justice Harry Blackmun of the United States Supreme Court. In 1999, he took a leave from the faculty to serve as the state solicitor in the office of Ohio’s Attorney General. In that capacity, he was responsible for the state’s appellate and constitutional cases.
Professor Foley is a graduate of Columbia University School of Law and Yale College.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
George T. and Harriet E. Pfleger Chair in Law, USC Gould School of Law
Franita Tolson is the George T. and Harriet E. Pfleger Chair in Law at the University of Southern California Gould School of Law. She also holds a courtesy faculty appointment in the Political Science and International Relations Department at the USC Dornsife College of Letter, Arts and Sciences.
Her scholarship and teaching focus on the areas of election law, constitutional law, legal history, and employment discrimination. She has written on a wide range of topics including partisan gerrymandering, political parties, the Elections Clause, the Voting Rights Act of 1965, and the Fourteenth and Fifteenth Amendments.
Her research has appeared or will appear in leading law reviews including the Yale Law Journal, Harvard Law Review, Stanford Law Review, California Law Review, University of Pennsylvania Law Review, and Vanderbilt Law Review. Tolson is one of the coauthors of the leading election law casebook, The Law of Democracy (Foundation Press, 6th ed., forthcoming 2022). Her forthcoming book, In Congress We Trust?: Enforcing Voting Rights from the Founding to the Jim Crow Era, will be published in 2023 by Cambridge University Press.
As a nationally recognized expert in election law, Tolson has written for or appeared as a commentator for various mass media outlets including The New York Times, The Los Angeles Times, the Wall Street Journal, Reuters and Bloomberg Law. She has testified before Congress numerous times on voting rights issues. She has also authored a legal analysis for an amendment to the U.S. Constitution, introduced by Senator Elizabeth Warren and Senator Richard Durbin, that would explicitly protect the right to vote. During the fall of 2020, Tolson worked as an election law analyst for CNN. She currently co-hosts an election themed podcast, Free and Fair with Franita and Foley, with Ned Foley of The Ohio State University Moritz College of Law.
Prior to joining USC, Tolson was the Betty T. Ferguson Professor of Voting Rights at Florida State University College of Law and a visiting assistant professor at Northwestern University School of Law. Before entering academia, she clerked for the Honorable Ann Claire Williams of the United States Court of Appeals for the Seventh Circuit and the Honorable Ruben Castillo of the Northern District of Illinois.
Tolson is a graduate of the University of Chicago Law School, where she was the Walter V. Schaefer Visiting Professor of Law during the Spring 2021 academic quarter.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
Charles W. Ebersold and Florence Whitcomb Ebersold Chair in Constitutional Law; Director, Election Law @ Moritz, Ohio State University Moritz College of Law
Professor Foley (known as “Ned”) directs Election Law @ Moritz at Ohio State’s law school, where he also holds the Ebersold Chair in Constitutional Law.
His book Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press, 2016) was named Finalist for the David J. Langum, Sr. Prize in American Legal History and listed as one of 100 “must-read books about law and social justice”.
He has completed a new book manuscript, Presidential Elections and Majority Rule (to be published by Oxford University Press), which employs historical analysis to offer a feasible reform of state laws that would enable the Electoral College to operate as intended and thereby avoid the election of presidents who lack majority support among the voters in the states responsible for their Electoral College victories.
As Reporter for the American Law Institute’s Project on Election Administration (with his Mortiz colleague Steven Huefner, who served as Associate Reporter), Professor Foley drafted Principles of Law: Non-Precinct Voting and Resolution of Ballot-Counting Disputes, which provides nonpartisan guidance for the resolution of election disputes.
During his fellowship at Stanford University’s Center on Democracy, Development, and the Rule of Law, Foley wrote Due Process, Fair Play and Excessive Partisanship: A New Principle of Judicial Review of Election Law, 84 U. Chicago Law Review 655-758 (2017), which was cited in briefs in Gill v. Whitford and Benisek v. Lamone (the Supreme Court gerrymandering cases). His extensive online commentary about gerrymandering includes: Wechsler, History, and Gerrymandering, Scotusblog, and Constitutional Preservation, the Marbury Duty & Congressional Gerrymanders, Election Law Blog.
While Professor Foley has special expertise on recounts and other procedures for fairly and accurately identifying which candidate is the winner in close elections, he has written widely on all aspects of election law, including the need for nonpartisan institutions in election administration. He has also co-authored Election Law and Litigation: The Judicial Regulation of Politics (Wolters Kluwer 2014).
Professor Foley has taught at Ohio State since 1991. Previously, he clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals and Justice Harry Blackmun of the United States Supreme Court. In 1999, he took a leave from the faculty to serve as the state solicitor in the office of Ohio’s Attorney General. In that capacity, he was responsible for the state’s appellate and constitutional cases.
Professor Foley is a graduate of Columbia University School of Law and Yale College.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Panel: Election Law in Flux
Robert J. Cottrol, Michael R. Dimino, Edward B. Foley, Derek T. Muller, Franita Tolson
24th Annual Federalist Society Faculty Conference
Election law has attracted increasing academic and judicial scrutiny in recent years, with topics of...
Topics
Book Review: Who Decides?
Judge Jeffrey Sutton (who I must disclose at the outset is a good friend despite...
Citizens United v. Federal Election Commission – Post-Decision Debate SCOTUScast
Bradley A. Smith, Edward B. Foley, Erik S. Jaffe
SCOTUScast 01-22-10 featuring Edward B. Foley, Erik S. Jaffe, & Bradley A. Smith
On January 21, 2009, the Supreme Court announced its decision in Citizens United v. FEC. ...