Faculty Biographies
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Nathaniel Persily
5/16/2017 NATHANIEL PERSILY Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305-8610 Phone: (917) 570-3223 Email: [email protected] Fax: (650) 725-9875 Web: http://www.persily.com/ ACADEMIC APPOINTMENTS STANFORD LAW SCHOOL STANFORD, CA JAMES B. MCCLATCHY PROFESSOR OF LAW 2013 – present • Courtesy Appointments: Departments of Communication and Political Science • Courses: The Law of Democracy; Regulation of the Political Process; Contemporary Issues in Law and Politics; Constitutional Law, First Amendment, Political Campaigning and the Internet, Policy Practicum on Campaign Finance. • Service: Appointments Committee, Careers in Teaching Committee. • Significant Grants, Awards, and Fellowships: Center for Advanced Study in the Behavioral Sciences (2017-2018); Andrew Carnegie Fellowship (2016- 17); Stanford Cyber Initiative Grant (2016-17); Hewlett Foundation and Democracy Fund Grants for Campaign Finance Task Force (2016-17). COLUMBIA LAW SCHOOL NEW YORK, NY CHARLES KELLER BEEKMAN PROFESSOR OF LAW AND PROFESSOR OF POLITICAL SCIENCE 2008 – 2013 PROFESSOR OF LAW 2007 – 2008 • Courtesy Appointment: Department of Political Science (2007– 2013). • Courses: Constitutional Law; Advanced Constitutional Law: The Political Process; Freedom of Expression; Contemporary Issues in Law and Politics; Redistricting and Gerrymandering. • Service: Lateral Appointments Committee Chair (2010-2012), Curriculum Committee Chair (2009-2010), Advisory Committee Chair (2008-2009), Intellectual Life Committee; Resources and Development Committee, Committee on Professional Development. • Center for Law and Politics: Founding Director. • DrawCongress.org: Founder. • Instructor in University of Amsterdam Summer Program, July 2011. UNIVERSITY OF PENNSYLVANIA LAW SCHOOL PHILADELPHIA, PA PROFESSOR OF LAW 2005 – 2007 ASSISTANT PROFESSOR OF LAW 2001 – 2005 1 5/16/2017 • Secondary Appointment: Department of Political Science (2003-2007). -
The Promise and Pitfalls of the New Voting Rights Act
TH AL LAW JO RAL NATHANIEL PERSILY The Promise and Pitfalls of the New Voting Rights Act ABSTRACT. In the summer of 2oo6, Congress reauthorized the expiring provisions of the Voting Rights Act (VRA) with a unanimous vote in the Senate and with limited opposition in the House of Representatives. The veneer of bipartisanship that outsiders perceived in the final vote glossed over serious disagreements between the parties over the meaning of the central provision of the new VRA, which prohibits voting laws that "diminish the ability" of minority citizens "to elect their preferred candidates of choice." Those disagreements came to the surface in a fractured Senate Committee Report released only after Congress had passed the law. This Article describes the unprecedented legislative history of this law, and the political and constitutional constraints that led the law to take the form that it did. It also presents an interpretation of the new retrogression standard that avoids the partisan bias of alternatives while emphasizing the importance of racially polarized voting to the constitutionality and meaning of this new law. It urges that the new law be read as preventing redistricting plans that reduce the aggregated probability across districts of the election of candidates preferred by the minority community and disfavored by whites. AUTHOR. Professor of Law and Political Science, Columbia Law School; Sidley Austin Visiting Professor of Law, Harvard Law School. I am indebted to Erica Lai for research assistance and to librarian Bill Draper for an enormous amount of help collecting materials related to the legislative history of the new VRA. -
Brennan Center for Justice at New York University School Of
ABOUT THE BRENNAN CENTER The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice. Our work ranges from voting rights to campaign finance reform, from racial justice in criminal law to presidential power in the fight against terrorism. A singular institution – part think tank, part public interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. ABOUT THE MONEY & POLITICS PROJECT To promote more open, honest, and accountable government, and to ensure that each citizen’s voice is heard in our democracy, laws governing money and politics must put the voter squarely at the center of the electoral process. The Brennan Center’s Money & Politics project supports grassroots/small donor public funding systems that enhance voters’ voices, as well as disclosure requirements and contribution limits that mitigate real and perceived excessive influence on elected officials. We are a leader in defending federal, state, and local campaign finance and public financing laws in court. In addition, we provide legal guidance to state and local officials and advocates, and publish reports and submit testimony in support of reform proposals. To restore the primacy of voters in elections and the integrity of the democratic process, the Brennan Center is responding to the Citizens United decision with a multi-pronged effort that endorses public financing of elections; modernizes voter registration; demands accountability in corporate political spending; and with this symposium, is beginning a multi-year effort to promote new jurisprudence that advances a voter-centric view of the First Amendment. -
A Third Way for the Voting Rights Act: Section 5 and the Opt-In Approach
\\server05\productn\C\COL\106-3\COL306.txt unknown Seq: 1 31-MAR-06 11:58 ESSAY A THIRD WAY FOR THE VOTING RIGHTS ACT: SECTION 5 AND THE OPT-IN APPROACH Heather K. Gerken * One of the most powerful and intrusive civil rights provisions ever passed—section 5 of the Voting Rights Act—is scheduled to sunset in 2007. Congressional hearings on its fate have already begun. Section 5 requires select localities—mostly states in the Deep South—to ask the federal govern- ment’s permission before making any change in the way they run elections. Despite its successes, section 5 remains extremely controversial. Even experts on the Act are deeply divided as to what Congress should do. Our choice is not, as the current debate suggests, between maintaining the Act’s decades-old regulatory structure and allowing section 5 to expire. There is a more dynamic approach, a middle ground that avoids the problems identified by the Act’s critics while maintaining a robust safety net for minority voters. This Essay sets out to describe what such a third ap- proach would look like. It proposes an “opt-in” system that would privilege local control and community involvement in voting rights enforcement. Such an approach would provide the right types of incentives for those in- volved in policing racial politics and deploy civil rights enforcement resources more effectively than the current system. More intriguingly, an opt-in ap- proach would create a new set of institutional incentives for political elites to pay attention to the needs and concerns of those most affected by their deci- sions. -
Harvard Law School Faculty 20–21
Harvard Law School Faculty – 1 Professors and Assistant Professors of Law 3 Professors Emeriti and Emeritae 48 Affiliated Harvard University Faculty 55 Visiting Professors of Law 61 Climenko Fellows 73 Lecturers on Law 75 Endowed Chairs at Harvard Law School 95 2 HARVARD LAW SCHOOL FacULTY 2020–2021 Professors and Assistant Professors of Law William P. Alford Jerome A. and Joan L. Cohen Professor of East Asian Legal Studies Courses: Engaging China, Fall 2020; The Comparative Law Workshop, Fall 2020; Comparative Law: Why Law? Lessons from China, Spring 2021. Research: Chinese Legal History and Law, Comparative Law, Disability Law, International Trade, Law and Development, Legal Profession, Transnational/Global Lawyering, WTO. Representative Publications: An Oral History of Special Olympics in China in 3 volumes (William P. Alford, Mei Liao, and Fengming Cui, eds., Springer 2020) Taiwan and international Human Rights: A story of Transformation (Jerome A. Cohen, William P. Alford, and Chang-fa Lo, eds., Springer 19); Prospects for The Professions in China (William P. Alford, Kenneth Winston & William C. Kirby eds., Routledge 1); William P. Alford, To Steal A Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization (Stanford Univ. Press 1995). Education: Amherst College B.A. 197; St. John’s College, Cambridge University LL.B. 197; Yale University M.A. 1974; Yale University M.A. 1975; Harvard Law School J.D. 1977. Appointments: Henry L. Stimson Professor of Law, 199–18; Director, East Asian Legal Studies, 199– present; Vice Dean for the Graduate Program and International Legal Studies, 2002–2020; Chair, Harvard Law School Project on Disability, 4–present; Jerome A. -
Articles Fragile Democracies
VOLUME 120 APRIL 2007 NUMBER 6 © 2007 by The Harvard Law Review Association ARTICLES FRAGILE DEMOCRACIES Samuel Issacharoff TABLE OF CONTENTS INTRODUCTION ..........................................................................................................................1407 I. AMERICAN EXCEPTIONALISM ...........................................................................................1415 II. TYPOLOGIES OF PROHIBITIONS.......................................................................................1421 A. Content Restrictions on Electoral Speech......................................................................1423 B. Party Prohibitions ............................................................................................................1429 1. Insurrectionary Parties .................................................................................................1433 2. Separatist Parties...........................................................................................................1437 3. Antidemocratic Majoritarian Parties ..........................................................................1442 C. Party Exclusion from the Electoral Arena.....................................................................1447 III. THE SAFEGUARDS OF DEMOCRACY ..............................................................................1451 A. Procedural Protections .....................................................................................................1453 B. The Substance of Antidemocracy ....................................................................................1459