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Law & Democracy

Author: Election Law at The Ohio State University

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Law & Democracy Podcast is a public affairs conversation facilitated by the Election Law Program at The Ohio State University Moritz College of Law. The podcast hosts are Ned Foley, Steve Huefner, Terri Enns, Anne Ralph, and Tony Gaughan. They are joined on a regular basis by leading scholars and journalists for an intelligent, informative, and nonpartisan discussion of law and democracy issues. For more information and resources, visit Election Law at Ohio State (moritzlaw.osu.edu/election-law). And don’t forget to follow us on X @lawanddemocracypod, where you can ask questions and share your thoughts! Subscribe to stay informed and engaged in the world where law and democracy intersect.
26 Episodes
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Is American election law fundamentally misaligned with the will of the people? Nick Stephanopoulos, author of “Aligning Election Law,” joins Law & Democracy to discuss his groundbreaking theory. Discover how alignment can be measured, why it matters for democracy, and what can be done to fix the gaps between what people want and what the […]
How do existing election systems contribute to political polarization and prevent majority-preferred candidates from winning? What’s the connection between voter preferences and policy decisions? And how can reforms help rebuild trust in government? Join Richard Pildes, Sudler Family Professor of Law at NYU, as he delves into these critical questions, offering expert insights on election […]
In this episode of Law and Democracy, we provide an exclusive sneak peek into the Ohio State Law Journal’s 2025 Symposium. This year’s event, held at the Moritz College of Law on February 21st, centers on Alignment Theory, a groundbreaking concept explored in ‘Aligning Election Law (Theoretical Perspectives in Law)’ Book by keynote speaker Nick […]
Join the Election Law Program at the Ohio State University for an engaging conversation with Professor Michael Kang of Northwestern University. In this episode, we discuss: – Insights from Nick Stephanopoulos’s new book “Aligning Election Law” – The shift in election law from focusing on competition to emphasizing representation and alignment – The rise of […]
Are voters willing to sacrifice alignment for their side to win? Join us for a discussion on Law & Democracy, featuring Joshua Sellers, Professor of Law at the University of Texas. This episode focuses on the recent symposium hosted by the Ohio State Law Journal. We explore Nick Stephanopoulos’ book, “Aligning Election Law,” and examine […]
In this episode of Law & Democracy, we are thrilled to welcome Lori Ringhand, a distinguished professor of law at the University of Georgia. Professor Ringhand is an expert on judicial confirmations and has authored several books on the topic, including Supreme Court Confirmation Hearings and Constitutional Change and Supreme Bias: Gender and Race in […]
In this insightful episode, we explore the complexities of presidential transitions with expert commentary from Professor Bridget Dooling. From logistical challenges to the legal frameworks that guide the transfer of power, we uncover what makes this critical process work smoothly—or where it can falter. Professor Dooling discusses historical examples, the importance of preparation, and how […]
In this episode, our panel of Election Law experts: Steve, Terri, Tony, and Matt, break down the latest findings from the MIT Election Data + Science Lab’s 2024 Survey of the Performance of American Elections (SPAE). Part One dives into key takeaways from the SPAE report, including: • The evolving role of vote-by-mail post-pandemic • […]
Professor Rebecca Green, Director of the Election Law Program at William & Mary Law School, joins us to explore the evolving landscape of election administration and transparency. She discusses the implications of public records requests on election officials, the importance of archiving in democratic systems, and how state-level policies can foster (or hinder) trust in […]
In this episode of Law and Democracy, we sit down with Dean Dan Tokaji of the University of Wisconsin College of Law—former Ohio State professor and long-time scholar of election law. We asked Dean Tokaji hard questions about election administration, judicial doctrines like Purcell, the meaning of “racist voting,” and the structural threats to democracy. […]
In this timely episode, we welcome back Professor Dakota S. Rudesill, Associate Professor of Law at the Moritz College of Law, for an in-depth discussion on the legal boundaries of presidential authority in deploying military force within the United States. Prof. Rudesill unpacks the constitutional and statutory frameworks that govern the separation between civilian law […]
In this episode we talk with Timothy Gabrielli, an associate professor of Theology at the University of Dayton, about the recent selection of a new Pope as a point of interesting comparison about electoral processes. Tim holds the Gudorf chair in Catholic intellectual traditions. We discuss the papal conclave through the lens of electoral theory. […]
In this episode of Law and Democracy, Steven Huefner, Tony Gaughan, and Terri Enns welcome Professor Dakota Rudesill (Moritz College of Law) to explore how professional communities — law, military, and intelligence — serve as critical stabilizers in the American constitutional system. They discuss the unique pressures facing these professions today, the framing and misconceptions […]
In this insightful episode, Professor Derek T. Muller shares his perspective on the 2024 election and the current state of U.S. election law. Derek describes the 2024 election as surprisingly normal despite widespread pre-election concerns about potential disruptions. He reflects on the stability and improvements in election administration since 2020, noting how states have learned […]
In this episode of Law and Democracy, we unpack the results and implications of the 2024 presidential election with experts from Ohio State University’s Election Law Program. Join our experts as they analyze turnout trends, including the rise in battleground state participation versus the drop in non-battleground states. They also explore reforms such as the […]
In this episode, our experts also examines the 2024 U.S. election, covering voter turnout, election myths, and challenges like long lines and bomb threats. We explore why a Condorcet voting system could lead to fairer elections and moderate political outcomes in the U.S., focusing on the potential for center-right candidates like Nikki Haley to fare […]
In this special Election Day episode our election law experts discuss the latest developments on Election Day while they’re happening! This week’s Trivia question is.. Who is the last Supreme Court Justice to have held elected office? Stay tuned for our next episode to find out! Don’t forget to like, share, and subscribe to stay […]
In this episode, we discuss the current state of early voting just days before Election Day. With reports of arson attacks on ballot drop boxes in Washington and Oregon, we discuss the implications of these destructive acts—especially in tightly contested districts. On a brighter note, we celebrate the remarkable turnout, with over 46 million early […]
In this episode, we critically examine the recent Elon Musk Sweepstakes, a petition circulating in battleground states that solicits voter support for the 1st and 2nd Amendments. This initiative, limited to registered voters, offers participants a chance to win a $1 million prize upon signing the petition. The emergence of three winners has prompted a […]
In this episode, we explore the significant role mail-in ballots play in modern American elections. With 43% of voters casting their ballots by mail in 2020, and similar numbers expected for 2024, we discuss the unique challenges and legal controversies that come with this voting method. From inadvertent ballot rejections to the impact of COVID-19 […]
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