Richard H. Pildes

New York University School of Law

Professor of Law

40 Washington Square South

New York, NY 10012-1099

United States

  • New York University School of Law

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SCHOLARLY PAPERS

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Scholarly Papers (56)

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1.

Democracy, Anti-Democracy, and the Canon

Constitutional Commentary, Vol. 17, 2000
Number of pages: 25 Posted: 13 Jul 2000 Last Revised: 18 Oct 2013
Richard H. Pildes
New York University School of Law
Downloads 3,829 (5,336)
Citation 6

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2.

Separation of Parties, Not Powers

Harvard Law Review, 2006, NYU Law School, Public Law Research Paper No. 06-07, Harvard Public Law Working Paper No. 131
Number of pages: 74 Posted: 21 Mar 2006
Daryl J. Levinson, Daryl J. Levinson and Richard H. Pildes
New York University School of LawNew York University School of Law and New York University School of Law
Downloads 3,616 (5,858)
Citation 4

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3.

How Behavioral Economics Trims Its Sails and Why

Harvard Law Review, Vol. 127, 2014, NYU Law and Economics Research Paper No. 13-29
Number of pages: 87 Posted: 27 Sep 2013 Last Revised: 11 Mar 2014
Ryan Bubb and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 2,429 (11,022)
Citation 8

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4.

Why the Center Does Not Hold: The Causes of Hyperpolarized Democracy in America

California Law Review, Vol. 99, 2011, NYU School of Law, Public Law Research Paper No. 10-47
Number of pages: 63 Posted: 24 Jul 2010 Last Revised: 17 Jul 2013
Richard H. Pildes
New York University School of Law
Downloads 1,647 (20,391)
Citation 6

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Political Parties, Political Polarization, Government, Democracy, Gerrymandering, Primary Elections, Campaign Finance

5.

Is the Supreme Court a 'Majoritarian' Institution?

Supreme Court Review, 2010, NYU School of Law, Public Law Research Paper No. 11-01
Number of pages: 55 Posted: 01 Jan 2011 Last Revised: 12 Jan 2011
Richard H. Pildes
New York University School of Law
Downloads 1,384 (26,513)
Citation 6

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Supreme Court, judicial review, judicial independence, law and politics

6.

Political Fragmentation in Democracies of the West

NYU School of Law, Public Law Research Paper No. 21-50
Number of pages: 68 Posted: 05 Oct 2021 Last Revised: 03 Apr 2023
Richard H. Pildes
New York University School of Law
Downloads 1,366 (27,049)
Citation 3

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democracy, political parties, governance

7.

Drones and the Dilemma of Modern Warfare

Drone Wars: The Transformation of Armed Conflict and the Promise of Law, Peter Bergen and Daniel Rothenberg, eds., Cambridge University Press, 2013, NYU School of Law, Public Law Research Paper No. 13-34
Number of pages: 36 Posted: 23 May 2013 Last Revised: 01 Jun 2014
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 1,097 (37,112)

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national security, terrorism, drones, use of force, presidential power

8.

Elections

The Oxford Handbook of Comparative Constitutional Law, p. 529, Michel Rosenfeld and Andras Sajo, eds., Oxford Handbooks, July 2012, NYU School of Law, Public Law Research Paper No. 12-63
Number of pages: 18 Posted: 25 Sep 2012 Last Revised: 15 Nov 2012
Richard H. Pildes
New York University School of Law
Downloads 1,057 (39,157)

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Comparative Constitutional Law, Democracy, Elections, Voting, Campaign Finance, Political Parties

9.

The Constitutionalization of Democratic Politics - the Supreme Court, 2003 Term

Number of pages: 128 Posted: 18 Feb 2005
Richard H. Pildes
New York University School of Law
Downloads 974 (43,992)
Citation 2

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constitutional law, democracy, supreme court, election law, comparative constitutional law

10.

Competitive, Deliberative, and Rights-Oriented Democracy

Number of pages: 29 Posted: 30 Jun 2004
Richard H. Pildes
New York University School of Law
Downloads 912 (48,153)

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Democratic theory, deliberative democracy, competitive democracy, constitutional law and democracy, Posner

11.

Institutional Formalism and Realism in Constitutional and Public Law

2013 Supreme Court Review 1, NYU School of Law, Public Law Research Paper No. 14-09
Number of pages: 55 Posted: 19 Mar 2014 Last Revised: 16 Apr 2014
Richard H. Pildes
New York University School of Law
Downloads 858 (52,451)
Citation 3

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constitutional law, constitutional theory, comparative constitutional law, statutory interpretation, administrative law, federal courts, separation of powers, judicial review, voting rights, Voting Rights Act

12.

The Legality of Ranked-Choice Voting

109 Calif. L. Rev. 1773 (2021), NYU School of Law, Public Law Research Paper No. 20-55
Number of pages: 73 Posted: 22 Apr 2020 Last Revised: 28 Oct 2021
Richard H. Pildes and G. Michael Parsons
New York University School of Law and New York University School of Law
Downloads 827 (55,131)

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Voting, Democracy, Constitutional Law, Ranked-Choice Voting, Alternative Voting, Voting Systems

13.

Romanticizing Democracy, Political Fragmentation, and the Decline of American Government

Yale Law Journal, Vol. 124, No. 3, 2014, NYU School of Law, Public Law Research Paper No. 15-02
Number of pages: 50 Posted: 13 Jan 2015 Last Revised: 15 May 2015
Richard H. Pildes
New York University School of Law
Downloads 747 (63,192)
Citation 3

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democracy, democratic theory, campaign finance, political parties, polarization, constitutional law

14.

Between Civil Libertarianism and Executive Unilateralism: An Institutional Process Approach to Rights During Wartime

Theoretical Inquiries in Law, Vol. 5 (2004), Columbia Law and Econ. Research Paper No. 233, Columbia Public Law Research Paper No. 03-57, NYU School of Law, Public Law Research Paper No. 64
Number of pages: 47 Posted: 31 Jul 2003 Last Revised: 14 Dec 2012
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 701 (68,554)
Citation 8

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national security, civil liberties, constitutional law

15.

Law and the President

Harvard Law Review, Vol. 125, p. 1381, 2012, NYU School of Law, Public Law Research Paper No. 12-13
Number of pages: 43 Posted: 15 Mar 2012 Last Revised: 07 Apr 2012
Richard H. Pildes
New York University School of Law
Downloads 677 (71,742)

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Presidential Power, Constitutional Law, Separation of Powers, Presidency

16.

Targeted Warfare: Individuating Enemy Responsibility

New York University Law Review, Vol. 88, 2013, NYU School of Law, Public Law Research Paper No. 12-40
Number of pages: 80 Posted: 15 Aug 2012 Last Revised: 13 Nov 2013
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 637 (77,477)

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National Security Law, Constitutional Law, Military Law, Terrorism, Public International Law, Laws of War, Detention, Targeted Killing

17.

Ten Works That Mattered Most

International Journal of Constitutional Law, Vol. 10, No. 3, p. 792, 2012, NYU School of Law, Public Law Research Paper No. 12-58
Number of pages: 8 Posted: 06 Oct 2012 Last Revised: 07 Nov 2012
Richard H. Pildes
New York University School of Law
Downloads 592 (84,915)

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18.

The Neglected Value of Effective Government

University of Chicago Legal Forum, Forthcoming, NYU School of Law, Public Law Research Paper No. 23-51
Number of pages: 31 Posted: 02 Jun 2023 Last Revised: 19 Sep 2023
Richard H. Pildes
New York University School of Law
Downloads 516 (100,884)

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democracy, government, participation, political equality, transparency, process, administrative law

19.

The Inherent Authoritarianism in Democratic Regimes

Number of pages: 27 Posted: 25 Mar 2003
Richard H. Pildes
New York University School of Law
Downloads 502 (104,339)
Citation 3

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20.

Means and Ends in Politics and Law: An Essay in Honor of Cass R. Sunstein

Tulsa Law Review, Forthcoming, NYU Law and Economics Research Paper No. 08-50, NYU School of Law, Public Law Research Paper No. 08-49
Number of pages: 14 Posted: 19 Sep 2008 Last Revised: 16 Nov 2008
Richard H. Pildes
New York University School of Law
Downloads 489 (107,751)

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Government, Public Policy, Regulation, Default Rules, Behavioral Economics

21.

Ethnic Identity and Democratic Institutions: A Dynamic Perspective

CONSTITUTIONAL DESIGN FOR DESIGN FOR DIVIDED SOCIETIES: INTEGRATION OR ACCOMODATION?, Oxford University Press, 2008, NYU School of Law, Public Law Research Paper No. 08-45
Number of pages: 32 Posted: 06 Aug 2008 Last Revised: 18 Nov 2008
Richard H. Pildes
New York University School of Law
Downloads 468 (113,521)
Citation 1

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Democratic Institutions, Pluralism, Political Theory, Group Conflict, Ethnicity, Race, Constituitonal Theory

22.

Majoritarianism and Minoritarianism in the Law of Democracy

NYU School of Law, Public Law Research Paper No. 23-19
Number of pages: 19 Posted: 10 Oct 2022 Last Revised: 21 Feb 2023
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 426 (126,754)

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democracy, majorties, minorities, voting, representation

23.

Democracies in the Age of Fragmentation

California Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 22-34
Number of pages: 14 Posted: 24 May 2022 Last Revised: 19 Sep 2022
Richard H. Pildes
New York University School of Law
Downloads 414 (131,081)
Citation 1

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demoracy, social media, fragmentation, political parties, communications, protests, social movements

24.

Political Fragmentation and the Decline of Effective Government

Journal of Democracy (2021), Constitutionalism and a Right to Effective Governance (Cambridge University Press, Forthcoming), NYU School of Law, Public Law Research Paper No. 22-12
Number of pages: 26 Posted: 29 Jun 2021 Last Revised: 11 Mar 2022
Richard H. Pildes
New York University School of Law
Downloads 375 (146,547)

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25.

Is Voting Rights Law Now at War with Itself?: Safe Election Districts Versus Coalitional Districts in the 2000s

Number of pages: 79 Posted: 07 Jun 2002
Richard H. Pildes
New York University School of Law
Downloads 373 (147,451)
Citation 1

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26.

What Kind of Right is 'The Right to Vote?'

Virginia Law Review in Brief, Vol. 93, pp. 43-50, April 23, 2007, NYU Law School, Public Law Research Paper No. 07-08
Number of pages: 9 Posted: 23 May 2007
Richard H. Pildes
New York University School of Law
Downloads 359 (153,815)

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democracy, vote, constitutional law, constitutional theory

27.

The Future of Voting Rights Policy: From Anti-Discrimination to the Right to Vote

Howard Law Journal, Vol. 49, No. 3, p. 741, 2006, NYU Law School, Public Law Research Paper No. 06-10
Number of pages: 35 Posted: 03 May 2006
Richard H. Pildes
New York University School of Law
Downloads 357 (154,762)

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Voting Rights, Civil Rights, Race and Politics, Minority Voting Rights, Representation, Democracy

28.

Populism and Institutional Design: Methods of Selecting Candidates for Chief Executive

93 New York University Law Review 647 (2018), UCLA School of Law, Public Law Research Paper No. 17-44, NYU School of Law, Public Law Research Paper No. 17-46
Number of pages: 63 Posted: 07 Nov 2017 Last Revised: 08 Nov 2018
Stephen Gardbaum and Richard H. Pildes
University of California, Los Angeles (UCLA) - School of Law and New York University School of Law
Downloads 353 (156,654)
Citation 4

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political parties, democracy, nominations, primaries, party leaders

29.

Political Parties and Constitutionalism

RESEARCH HANDBOOK IN COMPARATIVE CONSTITUTIONAL LAW, Rosalind Dixon, Tom Ginsburg, eds., Forthcoming, NYU School of Law, Public Law Research Paper No. 10-13
Number of pages: 21 Posted: 11 Feb 2010 Last Revised: 03 Mar 2010
Richard H. Pildes
New York University School of Law
Downloads 348 (159,159)

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political parties, comparative constitutionalism, democracy

30.

Separation of Powers, Independent Agencies, and Financial Regulation: The Case of the Sarbanes-Oxley Act

NYU Journal of Law and Business, Vol. 5, p. 485, 2009, NYU School of Law, Public Law Research Paper No. 10-01
Number of pages: 65 Posted: 29 Nov 2009 Last Revised: 05 Jan 2010
Richard H. Pildes
New York University School of Law
Downloads 328 (169,646)

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separation of powers, administrative law, independent agencies, financial regulation

31.

Small-Donor Based Campaign-Finance Reform and Political Polarization

Yale Law Journal F., Vol. 129, 2019-20, NYU School of Law, Public Law Research Paper No. 20-01
Number of pages: 23 Posted: 05 Dec 2019 Last Revised: 23 Jan 2023
Richard H. Pildes
New York University School of Law
Downloads 319 (174,710)

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campaign finance, political participation, political polarization, small donors. democracy, elections

32.

Keeping Legal History Meaningful

Number of pages: 23 Posted: 09 Apr 2003
Richard H. Pildes
New York University School of Law
Downloads 309 (180,601)
Citation 1

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constitutional history, constitutional law, race, voting rights, democracy, discrimination, Supreme Court

33.

Constitutionalizing Democratic Politics

Number of pages: 63 Posted: 17 Jul 2002
Richard H. Pildes
New York University School of Law
Downloads 304 (183,730)
Citation 3

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34.

The Constitutional Emergency Powers of Federal Courts

NYU School of Law, Public Law Research Paper No. 20-59
Number of pages: 10 Posted: 26 Jun 2020 Last Revised: 06 Nov 2020
Richard H. Pildes
New York University School of Law
Downloads 288 (194,531)

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voting, elections, democracy, federal courts, constitutional law, pandemic, virus

35.

The Constitution and Political Competition

Nova Law Review, Forthcoming, NYU Law School, Public Law Research Paper No. 06-11
Number of pages: 27 Posted: 09 May 2006
Richard H. Pildes
New York University School of Law
Downloads 287 (195,236)

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Constitution, Democracy, Elections, Political Competition, Gerrymandering, Competitive Elections

36.

Why, or Why Not, Be an Originalist?

69 Cath. U. L. Rev. 683-721 (2020), NYU School of Law, Public Law Research Paper No. 22-18
Number of pages: 43 Posted: 06 Apr 2022 Last Revised: 07 Jun 2022
Saikrishna Prakash, Michael C. Dorf, Richard H. Pildes and Amy Coney Barrett
University of Virginia School of Law, Cornell Law School, New York University School of Law and Notre Dame Law School
Downloads 284 (197,317)

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constitutional law, originalism, originalist, positivism, sovereignty, statutory interpretation, legislative history

37.

Elections as a Distinct Sphere Under the First Amendment

MONEY, POLITICS, AND THE CONSTITUTION: BEYOND CITIZENS UNITED, M. Youn, ed., 2011, NYU School of Law, Public Law Research Paper No. 11-45
Number of pages: 32 Posted: 02 Jul 2011 Last Revised: 09 Jul 2011
Richard H. Pildes
New York University School of Law
Downloads 265 (211,647)

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Campaign Finance, First Amendment, Elections, Democracy, Democratic Theory, Constitutional Law

38.

Political Avoidance, Constitutional Theory, and the VRA

Yale Law Journal Pocket Part, Vol. 117, p. 148, 2007, NYU School of Law, Public Law Research Paper No. 08-38
Number of pages: 8 Posted: 03 Mar 2008 Last Revised: 12 Nov 2008
Richard H. Pildes
New York University School of Law
Downloads 251 (223,368)

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Constitution, Democracy, Elections, Voting Rights, Constitutional Theory, Political Process, Legislative Process

39.

The Legal Academy and the Temptations of Power: The Difficulty of Dissent

Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens, A. Sarat, ed., Cambridge University Press, 2012, NYU School of Law, Public Law Research Paper No. 12-70
Number of pages: 13 Posted: 28 Dec 2012 Last Revised: 04 Feb 2013
Richard H. Pildes
New York University School of Law
Downloads 249 (225,133)

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Academic Independence, Legal Scholarship, Legal Education, Political Dissent, Democracy

40.

Supranational Courts and the Law of Democracy: The European Court of Human Rights

NYU School of Law, Public Law Research Paper No. 16-43
Number of pages: 36 Posted: 15 Sep 2016 Last Revised: 23 Jan 2023
Richard H. Pildes
New York University School of Law
Downloads 237 (236,265)

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Democracy, Judicial Review, Constitutional Law, Democratic Rights, Rights of Free Expression

41.

Epilogue: Bush v. Gore and the Constitutional Right to Vote

Michael Alvarez and Bernard Grofman (eds), Election Administration in the United States: The State of Reform After Bush v. Gore, Cambridge University Press, Forthcoming, NYU School of Law, Public Law Research Paper No. 13-05
Number of pages: 12 Posted: 03 Mar 2013
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 230 (243,129)

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42.

Participation and Polarization

Penn. J. of Constitutional Law, 2020, NYU School of Law, Public Law Research Paper No. 20-34
Number of pages: 69 Posted: 30 Jun 2020 Last Revised: 24 Jul 2020
Richard H. Pildes
New York University School of Law
Downloads 225 (248,297)

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Campaign Finance, Democracy, Political Equality, Polarization

43.

Free Enterprise Fund, Boundary-Enforcing Decisions, and the Unitary Executive Branch Theory of Government Administration

Duke Journal of Constitutional Law & Public Policy, Forthcoming, NYU School of Law, Public Law Research Paper No. 10-78
Number of pages: 21 Posted: 16 Sep 2010 Last Revised: 09 Nov 2010
Richard H. Pildes
New York University School of Law
Downloads 200 (276,885)

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44.

Accommodating a Massive Surge in Absentee Voting

University of Chicago Law Review Online (2020 Forthcoming), NYU School of Law, Public Law Research Paper No. 20-58
Number of pages: 10 Posted: 22 Jun 2020
Richard H. Pildes
New York University School of Law
Downloads 195 (283,274)

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Voting, Elections, Democracy, Presidency

45.

The Decline of Legally Mandated Minority Representation

Ohio State Law Journal, Forthcoming, NYU School of Law, Public Law Research Paper No. 08-58
Number of pages: 24 Posted: 09 Nov 2007 Last Revised: 03 Dec 2008
Richard H. Pildes
New York University School of Law
Downloads 182 (301,409)

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Voting Rights, Civil Rights, Race and Politics, Minority Voting Rights, Representation, Democracy, Supreme Court

46.

The Historical Development of the U.S. Presidential Nominations Process

Forthcoming in The Best Candidate: Presidential Nomination in Polarized Times (E. Mazo ed.), NYU School of Law, Public Law Research Paper No. 19-34
Number of pages: 23 Posted: 11 Jun 2019 Last Revised: 12 Aug 2019
Richard H. Pildes
New York University School of Law
Downloads 178 (307,419)

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political parties, presidential nominations, President, primaries, elections

47.

The Unknown Justice Thomas: An Introduction to the Symposium

New York University Journal of Law & Liberty, Vol. 4, p. 475, 2009, NYU School of Law, Public Law Research Paper no. 10-48
Number of pages: 8 Posted: 02 Jul 2010 Last Revised: 10 Aug 2010
Richard H. Pildes
New York University School of Law
Downloads 129 (400,624)

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Supreme Court, Justice Thomas

48.

How Outside Money Makes Governing More Difficult

Election Law Journal, Forthcoming, NYU School of Law, Public Law Research Paper No. 20-40
Number of pages: 20 Posted: 11 Sep 2020
Mike Norton, Mike Norton and Richard H. Pildes
Stanford Law SchoolUniversity of Oxford - Nuffield College and New York University School of Law
Downloads 127 (405,416)

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campaign finance, political parties, political fragmentation, coalition building, statelegislatures, congress

49.

Politics As Markets: Partisan Lockups of the Democratic Process

Stanford Law Review, Vol. 50, No. 643, 1998, NYU School of Law, Public Law Research Paper No. 24-03
Number of pages: 77 Posted: 23 Aug 2023 Last Revised: 29 Feb 2024
Samuel Issacharoff and Richard H. Pildes
New York University School of Law and New York University School of Law
Downloads 123 (415,282)

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50.

Election Law in an Age of Distrust

Stanford Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 22-24
Number of pages: 12 Posted: 28 Apr 2022 Last Revised: 19 Sep 2022
Richard H. Pildes
New York University School of Law
Downloads 91 (513,302)

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51.

Political Reforms to Combat Extremism

Forthcoming in Our Nation at Risk: Election Integrity as a National Security Issue, K. Greenberg and J. Zelizer eds. NYU Press 2024
Number of pages: 32 Posted: 15 Apr 2024
Richard H. Pildes
New York University School of Law
Downloads 2

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democracy, parties, voting, campaign finance, nominations, districting

52.

The Legal Structure of Democracy

Oxford Handbook of Law and Politics, Forthcoming, NYU School of Law, Public Law Research Paper No. 08-46
Posted: 06 Aug 2008 Last Revised: 18 Nov 2008
Richard H. Pildes
New York University School of Law

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democracy, elections, voting, separatin of powers, democratic institutional design, constitutionalism

53.

The Future of the Voting Rights Act (Edited Book)

THE FUTURE OF THE VOTING RIGHTS ACT, David Epstein, Richard H. Pildes, Rodolfo O. de la Garza, Sharyn O'Halloran, eds., Russell Sage Foundation, September 2006, Cowles Foundation Discussion Paper, New York University Law School, Public Law Research Paper No. 06-28
Posted: 11 Sep 2006
Richard H. Pildes
New York University School of Law

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Voting Rights, Democracy, Civil Rights, Minority Rights, Equal Protection

54.

Expressive Theories of Law: A General Restatement

University of Pennsylvania Law Review, Vol. 148, P. 1503, 2000
Posted: 16 Aug 2000
Elizabeth Anderson and Richard H. Pildes
University of Michigan, Ann Arbor and New York University School of Law

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55.

Dworkin's Two Conceptions of Rights

Posted: 22 Jun 2000
Richard H. Pildes
New York University School of Law

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56.

Why Rights are Not Trumps: Social Meanings, Expressive Harms, and Constitutionalism

Posted: 18 Sep 1998
Richard H. Pildes
New York University School of Law

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