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Friday November 4th, 2011

Baker v. Carr After 50 Years: Appraising the Reapportionment Revolution – Panel 1: Districting and Apportionment Dispute: The Political Question Doctrine as Applied to Election Disputes, Including Bush v. Gore


Jonathan H. Adler, Johan Verheij Professor of Law and Director, Center for Business Law and Regulation, Case Western Reserve University School of Law


Nelson Lund, Patrick Henry Professor of Constitutional Law and the Second Amendment, George Mason University

Daniel Tokaji, Professor of Law, Ohio State University

S. Candice Hoke, Associate Professor of Law, Cleveland-Marshall College of Law, Cleveland State University

Friday November 4, 2011, 8:45 a.m.-4:30 p.m.

The Law Review Symposium at Case Western Reserve University School of Law

Next year marks the 50th anniversary of Baker v. Carr, the ruling that established the one-person/one-vote principle and led to profound changes in the way legislative districts are drawn at every level of government. U.S. federal courts are regularly embroiled in resolving districting and apportionment disputes, which have profound implications for the distribution of political power and influence throughout the nation as well as for the way public policies are made at the national, state, and local levels. Legal scholars and social scientists will address the many questions that have arisen from Baker v. Carr, including principles of districting, the nature of representation, voting rights, and the capacity of courts to resolve districting and apportionment disputes.

Additional Information About Our Guest…

Jonathan H. Adler teaches environmental, administrative, and constitutional law. He is the author or editor of five books, including Business Law and Regulation in the Roberts Court, and over a dozen book chapters. His articles have appeared in such publications as the Harvard Environmental Law Review, Supreme Court Economic Review, The Wall Street Journal, and The Washington Post. Professor Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, “The Volokh Conspiracy.” A 2007 study identified Professor Adler as the most cited legal academic in environmental law under age 40, and his recent article, “Money or Nothing: The Adverse Environmental Consequences of Uncompensated Law Use Controls,” in the Boston College Law Review, was selected as one of the ten best articles in land use and environmental law in 2008.

In 2004, Professor Adler received the Federalist Society’s Paul M. Bator Award for excellence in teaching, scholarship, and commitment to students. In 2007, the Case Western Reserve University Law Alumni Association awarded Professor Adler their annual “Distinguished Teacher Award.” Professor Adler serves on the Board of the Foundation for Research on Economics and the Environment, the academic advisory board of the Cato Supreme Court Review, and the Environmental Law Reporter and ELI Press Advisory Board of the Environmental Law Institute. He has appeared on numerous radio and television programs, ranging from the PBS “Newshour with Jim Lehrer” and NPR’s “Talk of the Nation” to the Fox News Channel’s “O’Reilly Factor” and “Entertainment Tonight.” He holds a B.A. magna cum laude from Yale University (1991) and a J.D. summa cum laude from George Mason University School of Law (2000).

Nelson Lund is the Patrick Henry Professor of Constitutional Law and the Second Amendment at George Mason University School of Law, where he has served as Vice Dean and as co-editor of the Supreme Court Economic Review. A graduate of St. John’s College in Annapolis, Maryland, he holds advanced degrees in philosophy from the Catholic University of America (M.A. 1978), and in political science from Harvard University (A.M. 1979; Ph.D. 1981). He received his law degree in 1985 from the University of Chicago, where he was executive editor of the University of Chicago Law Review and chapter president of the Federalist Society for Law and Public Policy.

Professor Lund served as law clerk for the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit (1985-1986) and for the Honorable Sandra Day O’Connor of the United States Supreme Court (O.T. 1987). In addition to experience in the United States Department of Justice at the Office of the Solicitor General and at the Office of Legal Counsel, Professor Lund served in the White House as Associate Counsel to the President from 1989 to 1992. Professor Lund has written on a variety of subjects including constitutional interpretation; federalism; separation of powers; jurisprudence; federal election law; the Commerce Clause; the Speech or Debate Clause; the Second Amendment; the Uniformity Clause; employment discrimination and civil rights; the legal regulation of medical ethics; and the application of economic analysis to legal institutions and to legal ethics.

Dan Tokaji is a Professor of Law at the Ohio State University’s Moritz College of Law. He is an authority on election law and administration, including such topics as voter ID, provisional voting, the Help America Vote Act of 2002, and redistricting. His scholarship addresses questions of political equality, racial justice, and the role of the federal courts in American democracy. Among the publications in which his work has appeared are the Michigan Law Review, Stanford Law & Policy Review, and Yale Law Journal. He is a co-author of the casebook Election Law: Cases and Materials (4th ed. 2008) and co-editor of Election Law Journal.

A graduate of Harvard College and the Yale Law School, Professor Tokaji clerked for the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. He has litigated many civil rights and election law cases. He was lead counsel in a case that struck down an Ohio law requiring naturalized citizens to produce a certificate of naturalization when challenged at the polls. He was also an attorney for plaintiffs in cases that kept open the window for simultaneous registration and early voting in Ohio’s 2008 general election, and that challenged punch-card voting systems in Ohio and California after the 2000 election.

Candice Hoke focuses her research at the intersection of software-based technologies and the law. A law professor at Cleveland State University, she teaches Election Law, Regulatory Law, and Employment Law. Her current research focuses on regulatory, security, and operational issues raised by new software-based election technologies. She has also authored several articles on legal and security aspects of internet voting initiatives, and is currently working on a book explaining the risks and alternatives to internet voting. She was a member of the American Bar Association’s Advisory Commission to the Standing Committee on Election Law (2007 – 2010), a research Team Leader for the California Secretary of State’s scientific study of voting systems (TTBR, 2007), and a member of the Cuyahoga Election Review Panel (2006) that examined the causes and cures for a major election failure.

As Director of the Center for Election Integrity, Professor Hoke served as Project Director of the Public Monitor of Cuyahoga Election Reform (2006-08), authoring reports on election technical security. Under Public Monitor auspices she proposed and led Ohio’s first post-election audit of cast ballots (November 2006). She works closely with policymakers at state and Federal levels, drafting Federal election cyber security legislation and state election reform legislation. She and has testified before Congress, federal agencies, the Ohio legislature and county governments on quality assurance techniques for increasing public trust in election technologies. With national security and computer forensics experts, she co-authored a forensics guide for election officials and their lawyers. Before becoming a law professor, she was a Yale Law Journal editor, a judicial clerk for the U.S. Court of Appeals for the First Circuit, and a staff member of the North Carolina Governor’s Office.