This paper is the result of a nationwide study of polling place dynamics in the 2016 presidential election. Research teams, recruited from local colleges and universities and located in twenty-eight election jurisdictions across the United States, observed and timed voters as they entered the queue at their respective polling places and then voted. We report results about four specific polling place operations and practices: the length of the check-in line, the number of voters leaving the check-in line once they have joined it, the time for a voter to check in to vote (i.e., verify voter’s identification and obtain a ballot), and the time to complete a ballot. Long lines, waiting times, and times to vote are closely related to time of day (mornings are busiest for polling places). We found the recent adoption of photographic voter identification (ID) requirements to have a disparate effect on the time to check in among white and nonwhite polling places. In majority-white polling places, scanning a voter’s driver’s license speeds up the check-in process. In majority nonwhite polling locations, the effect of strict voter ID requirements increases time to check in, albeit modestly.
Despite generating thousands of cases on important public issues, the single subject rule remains a source of uncertainty and inconsistency. The root of the problem lies in the inability to define the term "subject" using legal doctrine. This paper reexamines the single subject rule through the lens of public choice theory and finds that its purposes are wrongheaded. Logrolling is not necessarily harmful, and improving political transparency requires legislative compromises to be packaged together rather than spread across multiple acts. Riding is not a form of logrolling but an analytically distinct and more threatening practice. This analysis yields a precise, political definition of "subject" and a new framework for resolving single subject disputes.
Good education requires student experiences that deliver lessons about practice as well as theory and that encourage students to work for the public good—especially in the operation of democratic institutions (Dewey 1923; Dewy 1938). We report on an evaluation of the pedagogical value of a research project involving 23 colleges and universities across the country. Faculty trained and supervised students who observed polling places in the 2016 General Election. Our findings indicate that this was a valuable learning experience in both the short and long terms. Students found their experiences to be valuable and reported learning generally and specifically related to course material. Postelection, they also felt more knowledgeable about election science topics, voting behavior, and research methods. Students reported interest in participating in similar research in the future, would recommend other students to do so, and expressed interest in more learning and research about the topics central to their experience. Our results suggest that participants appreciated the importance of elections and their study. Collectively, the participating students are engaged and efficacious—essential qualities of citizens in a democracy.
Empirical studies have examined the effects of law and politics on judicial decision making, but many legal scholars are dissatisfied with how these studies account for law. This paper provides a novel survey technique for measuring law. I demonstrate this technique by examining judicial decision making in cases involving the single-subject rule. The rule limits ballot propositions to one "subject," a standard that vests judges with some discretion.Measures of law developed with the surveys strongly predict judges' votes in single-subject cases. Moving from the proposition in the sample with the lowest subject count to the one with the highest is associated with a 78-percentage-point increase in the likelihood of a judge finding a violation of the rule. Measures of ideology also predict judges' votes, especially when propositions are politically salient and when the law is indeterminate.
This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in the last half-century, but it has focused mostly on private law, business law, and criminal law. This book extends the analysis to fundamental topics in public law, such as the separation of government powers, regulation by agencies, constitutional rights, and elections. Every public law involves six fundamental processes of government: bargaining, voting, entrenching, delegating, adjudicating, and enforcing. The book devotes two chapters to each process, beginning with the economic theory and then applying the theory to a wide range of puzzles and problems in law. Each chapter concentrates on cases and legal doctrine, showing the relevance of economics to the work of lawyers and judges. Featuring lucid, accessible writing and engaging examples, the book addresses enduring topics in public law as well as modern controversies, including gerrymandering, voter identification laws, and qualified immunity for police.
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