Law & Democracy

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.

Racist Voting: A Conversation with Dean Daniel P. Tokaji

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. […]

07-03
51:31

Can Political Parties Spend Freely? Brad Smith on the Case That Could Change Campaign Finance

Brad Smith, former Chair of the Federal Election Commission and President of the Institute for Free Speech, joins the Election Law Program at The Ohio State University to discuss the pending Supreme Court case National Republican Senatorial Committee v. Federal Election Commission. Smith outlines the arguments presented in the amicus brief he co-authored, which challenges […]

10-07
52:19

A Conversation with Jacob Eisler on Constitutional Law, Political Fragmentation, and Judicial Power

In this episode, we welcome Jacob Eisler, the James Edmund and Margaret Elizabeth Hennessey Corry Professor at the Florida State University College of Law, where the 2025 Election Law Conference (ELC) was hosted. Professor Eisler shares highlights from the conference, which brought together leading scholars from across the nation to discuss the practice and theory […]

09-21
49:13

What America Can Learn from Australia

When you think of Australia, you might picture kangaroos, the Great Barrier Reef, or the Sydney Opera House. But did you know that Australia’s election system is just as fascinating? In the Season 2 premiere, we welcome back Professor Edward B. Foley, Ebersold Chair in Constitutional Law and the Director of the Election Law program […]

09-08
--:--

How are elections being conducted in America today? 2024 SPAE report and mid-decade redistricting

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 • […]

07-30
36:41

Democracy’s Paper Trail: Election Records, Safety, and Reform

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 […]

07-10
47:15

What is the legal architecture that governs the President’s use of military force domestically?

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 […]

06-18
01:01:08

Papal Conclaves and Democratic Elections: A Theological Perspective

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. […]

05-23
57:23

Law & Democracy: The Constitutional Operating System Under Pressure with Dakota Rudesill

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 […]

04-27
53:41

Michael S. Kang on Election Law Alignment

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 […]

03-13
44:15

Joshua Sellers on Intra-Party Alignment and the American Electorate

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 […]

03-06
42:59

The Alignment Theory of Election Law: An Interview with Nick Stephanopoulos of Harvard Law School

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 […]

02-20
34:55

Aligning Election Law and Polarization with Professor Richard Pildes of the NYU School of Law

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 […]

02-14
37:02

A Preview of the Ohio State Law Journal 2025 Symposium

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 […]

02-06
22:06

Inside Judicial Nominations with Professor Lori A. Ringhand

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 […]

01-23
43:43

A Discussion on Presidential Transitions with Professor Bridget Dooling

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 […]

01-09
48:05

Election Day Reflections (11/5/2024)

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 […]

11-05
46:36

Early Voting Under Fire: The Good and Bad Ahead of Election Day

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 […]

10-30
38:42

Legal Quandaries in Battleground State: Musk’s $1 million giveaway to registered voters

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 […]

10-22
48:57

The Rise of Mail-in Ballots: Challenges and Controversies

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 […]

10-15
50:05

Recommend Channels