Web Exclusive: Read Professor Persily's Work on Redistricting

Fall 2011

Read the full article: Drawing the Lines

Read Professor Nathaniel Presily’s work on redistricting. Articles open as PDFs.

The Law of the Census: How to Count, What to Count, Whom to Count, and Where to Count Them
by Nathaniel Persily
From the abstract: The 2010 Census, like its predecessors, represented a momentous logistical and technological undertaking with far reaching consequences for political representation and allocation of public resources. It also promised to spawn a series of legal controversies over how to count people, what information the government should gather, which individuals truly “count” for purposes of the census, and where they should be counted. This Article explores these present and past controversies surrounding the census.

Race, Region, and Vote Choice in the 2008 Election: Implications for the Future of the Voting Rights Act
by Stephen Ansolabehere, Nathaniel Persily, and Charles Stewart III
From the abstract: This Article examines the data from the 2008 primary and general elections to assess the geographic patterns of racial differences in voting behavior. The data suggest that significant differences remain between white and minority voters and among jurisdictions that are covered and not covered by section 5 of the VRA.

Partisanship, Public Opinion and Redistricting
by Joshua Fougere, Stephen Anoslabehere, and Nathaniel Persily
From the abstract: This paper analyzes new survey data on Americans’ attitudes concerning the redistricting process.

Defacing Democracy?: The Changing Nature and Rising Importance of As-Applied Challenges in the Supreme Court’s Recent Election Law Decisions
by Nathaniel Persily and Jennifer S. Rosenberg
From the abstract: This Article examines the evolution in the doctrine concerning facial and as-applied challenges and considers the implications of the Roberts Court’s preference for as-applied challenges to statutes regulating elections.

Fig Leaves and Tea Leaves in the Supreme Court’s Recent Election Law Decisions
by Nathaniel Persily
From the abstract: This Article reads the fig leaves and tea leaves in the five election law decisions the Supreme Court handed down during the 2007-2008 term.

The Place of Competition in American Election Law
by Nathaniel Persily, from Marketplace of Democracy: Electoral Competition and American Politics
From the abstract: This book chapter defines the problem of diminished political competition, describes the relevant legal analogies concerning regulation of economic competition, and explains how the law shapes the competitive environment
for elections.


Regulating Democracy Through Democracy: The Use of Direct Legislation in Election Law Reform
by Nathaniel Perisly and Melissa Cully Anderson
From the abstract: [This] study examines a wealth of election law reforms—term limits (for governor and state legislators), campaign finance reform (contribution limits and public funding), redistricting (pre-Baker v. Carr and creation of commissions), creation and regulation of primaries, and women's suffrage—to figure out whether differences exist between the election law regimes in initiative and non-initiative states and whether these differences (if any) might be attributed to the use of the
initiative process.


When Judges Carve Democracies: A Primer on Court-Drawn Redistricting Plans
by Nathaniel Persily
From the abstract: This essay presents guidelines for courts that undertake to draw their own redistricting plans. Although several dozen courts over the last four redistricting cycles have drawn their own plans, there is precious little in the case law or secondary sources to provide guidance.

In Defense of Foxes Guarding Henhouses: The Case for Judicial Acquiescence to Incumbent-Protecting Gerrymanders

by Nathaniel Persily
From the abstract: This article argues against judicial intervention in the redistricting process to prevent incumbent-protecting gerrymanders.