Richard H. Pildes

New York University School of Law

Sudler Family Professor of Constitutional Law

40 Washington Square South

New York, NY 10012-1099

United States

http://rb.gy/m0e5b1

SCHOLARLY PAPERS

59

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35,915

TOTAL CITATIONS
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Top 11,158

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74

Scholarly Papers (59)

1.

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 3,938 (5,705)
Citation 4

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2.

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 3,938 (5,705)
Citation 6

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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 2,529 (11,611)
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 1,736 (21,179)
Citation 8

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

5.

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 1,467 (27,266)
Citation 4

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democracy, political parties, governance

6.

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 1,417 (28,729)
Citation 6

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

7.

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 1,218 (35,805)

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

8.

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 1,206 (36,321)

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

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 1,054 (44,209)
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 932 (52,476)

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

11.

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 Parsons Law PLLC
Downloads 889 (56,033)

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

12.

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 880 (56,792)
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

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 766 (68,540)
Citation 3

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

14.

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 721 (74,108)

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Presidential Power, Constitutional Law, Separation of Powers, Presidency

15.

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 718 (74,525)
Citation 8

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national security, civil liberties, constitutional law

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 650 (84,485)

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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 599 (93,842)

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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 577 (98,428)

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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 533 (108,646)
Citation 3

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20.

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 525 (110,687)

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democracy, majorties, minorities, voting, representation

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 504 (116,320)
Citation 1

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

22.

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 498 (118,008)

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

23.

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 496 (118,593)

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24.

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 448 (133,963)
Citation 2

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

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 419 (144,915)
Citation 1

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26.

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 377 (163,249)
Citation 1

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

27.

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 375 (164,262)

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democracy, vote, constitutional law, constitutional theory

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 371 (166,250)
Citation 6

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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 369 (167,282)

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political parties, comparative constitutionalism, democracy

30.

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 339 (183,512)

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

31.

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 339 (183,512)

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

32.

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
University of Virginia School of Law, Cornell Law School, New York University School of Law and Notre Dame Law School
Downloads 334 (186,439)

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

33.

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 334 (186,439)

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

34.

Keeping Legal History Meaningful

Number of pages: 23 Posted: 09 Apr 2003
Richard H. Pildes
New York University School of Law
Downloads 321 (194,511)
Citation 1

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

35.

Constitutionalizing Democratic Politics

Number of pages: 63 Posted: 17 Jul 2002
Richard H. Pildes
New York University School of Law
Downloads 318 (196,382)
Citation 3

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36.

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 313 (199,793)

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

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 278 (226,328)

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

38.

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 264 (238,454)

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Campaign Finance, Democracy, Political Equality, Polarization

39.

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 260 (242,141)

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

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 256 (245,960)

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

41.

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 254 (247,953)

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

42.

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 239 (263,357)

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43.

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 213 (294,084)
Citation 3

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44.

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 206 (303,455)

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45.

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 204 (306,227)

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Voting, Elections, Democracy, Presidency

46.

Skepticism about Proportional Representation for Congress

Number of pages: 41 Posted: 26 Sep 2024
Richard H. Pildes
New York University School of Law
Downloads 203 (307,604)

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democracy, proportional representation, US House, effective government

47.

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 193 (322,262)

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political parties, presidential nominations, President, primaries, elections

48.

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 193 (322,262)

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

49.

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, NYU School of Law, Public Law Research Paper No. 24-31
Number of pages: 33 Posted: 15 Apr 2024
Richard H. Pildes
New York University School of Law
Downloads 142 (419,629)

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

50.

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 142 (419,629)
Citation 1

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

51.

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 138 (429,178)

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Supreme Court, Justice Thomas

52.

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 117 (488,018)

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53.

Campaign Finance and Political Polarization

Number of pages: 18 Posted: 13 Dec 2024
Richard H. Pildes
New York University School of Law
Downloads 99 (550,473)

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campaign finance, democracy, polarization

54.

Election Law and Democratic Governance

Oxford Handbook of Election Law, Forthcoming, NYU School of Law, Public Law Research Paper No. 24-34
Number of pages: 28 Posted: 13 Jun 2024
Richard H. Pildes
New York University School of Law
Downloads 66 (693,881)

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democratic theory, governance, political equality, transparency, accountability, administration]

55.

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

56.

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

57.

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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58.

Dworkin's Two Conceptions of Rights

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

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59.

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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