Tabatha Abu El-Haj

Drexel University Thomas R. Kline School of Law

Professor of Law

3320 Market Street

Philadelphia, PA 19104

United States

http://drexel.edu/law/faculty/fulltime_fac/Tabatha%20Abu%20El-Haj/

Thomas R. Kline School of Law, Drexel University

3141 Chestnut St

Philadelphia, PA 19104

United States

  • Drexel University Thomas R. Kline School of Law

  • Thomas R. Kline School of Law, Drexel University

SCHOLARLY PAPERS

18

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2,658

SSRN CITATIONS

2

CROSSREF CITATIONS

5

Scholarly Papers (18)

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1.

Defining Peaceably: Policing the Line between Constitutionally Protected Protest and Unlawful Assembly

80 MO. L. REV. 961 (2015), Drexel University Thomas R. Kline School of Law Research Paper No. 2015-A-03
Number of pages: 27 Posted: 01 Aug 2015 Last Revised: 17 Jan 2016
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 459 (105,616)

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First Amendment, Right to Assemble, Protest, Riot, Unlawful Assembly, Ferguson, Black Lives Matter, Protest, Peaceable Assembly

2.

The Neglected Right of Assembly

Drexel University Earle Mack School of Law Research Paper No. 2009-A-04, UCLA Law Review, Vol. 56, No. 3, 2009
Number of pages: 48 Posted: 24 Jan 2010
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 420 (117,241)

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First Amendment, Right of Assembly, Peaceable Assembly, Protest, Demonstration, Permit Requirements, Democracy, Legal History

3.

Changing the People: Legal Regulation and American Democracy

New York University Law Review, Vol. 86, 2011, Drexel University Earle Mack School of Law Research Paper No. 2010-A-13
Number of pages: 66 Posted: 03 Sep 2010 Last Revised: 20 May 2011
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 241 (211,420)
Citation 1

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Election Law, Constitutional Law, Legal History, First Amendment

4.

All Assemble: Order and Disorder in Law, Politics, and Culture

University of Pennsylvania Journal of Constitutional Law, Vol. 16, No. 4, 2014 Forthcoming, Drexel University School of Law Research Paper No. 2014-A-02
Number of pages: 92 Posted: 14 Jun 2014
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 222 (228,887)

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First Amendment, Legal History, Right of Peaceable Assembly, Labor, Religious Groups, Evangelicals, Occupy Wall Street, Violence, Culture, Assembly, Riot, Political Participation, Democracy, Public Forum Doctrine, Riot, Unlawful Assembly

5.

How the Liberal First Amendment Under-Protects Democracy

Minnesota Law Review, Volume 107:2
Number of pages: 76 Posted: 24 Jul 2021 Last Revised: 08 Jul 2023
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 203 (248,677)

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constitutional law, First Amendment, self-governance, politics, SCOTUS, Supreme Court of the United States

6.

Linking the Questions: Judicial Supremacy as a Matter of Constitutional Interpretation

Washington University Law Review, Vol. 89, 2012, Drexel University Earle Mack School of Law Research Paper No. 2012-A-01
Number of pages: 66 Posted: 12 Jan 2012 Last Revised: 14 Apr 2012
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 181 (275,477)

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Judicial supremacy, Popular Constitutionalism, Voting Rights, Voting Rights Act, Constitutional Interpretation, Federalism, Redistricting

7.

Beyond Campaign Finance Reform

Boston College Law Review, Vol. 57, 2016, Drexel University Thomas R. Kline School of Law Research Paper No. 2016-A-02
Number of pages: 60 Posted: 10 Feb 2016 Last Revised: 08 Oct 2016
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 171 (289,576)
Citation 1

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Campaign Finance, Buckley v. Valeo, Citizens United v. FEC, First Amendment, Voter turnout, Elections, Primary Elections, Civic Associations, McCutcheon v. FEC, Election Law, Law of Democracy, U.S. Politics, Wealth Inequality, New Gilded Age

8.

Defining Nonviolence as a Matter of Law and Politics

Nomos, Volume LXII: Protest and Dissent, 2019, Drexel University Thomas R. Kline School of Law Research Paper No. 2019-A-02
Number of pages: 47 Posted: 18 Jul 2019 Last Revised: 20 Jul 2019
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 122 (379,234)

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First Amendment, Right of Peaceably Assembly, Protest, Dissent, Nonviolence, Disorder, Occupy, Black Lives Matter, Anti-Trump Resistance, Legislative Efforts Regulating Assembly

9.

Networking the Party: First Amendment Rights & the Pursuit of Responsive Party Government

Columbia Law Review, Vol. 118, 2018, Drexel University Thomas R. Kline School of Law Research Paper No. 2018-A-05
Number of pages: 77 Posted: 08 Aug 2017 Last Revised: 13 Apr 2018
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 116 (393,308)

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Campaign Finance, Political Parties, Party Primaries, Open Primaries, Soft-Money Ban, Citizens United v. FEC, First Amendment, McCutcheon v. FEC, Election Law, Law of Democracy. U.S. Politics, Wealth Inequality, New Gilded Age, Responsible Party Government

10.

Friends, Associates and Associations: Theoretically and Empirically Grounding the Freedom of Association

Arizona Law Review, Vol. 56, 2014, Drexel University School of Law Research Paper No. 2014-A-01
Number of pages: 65 Posted: 11 Mar 2014
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 107 (416,965)

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First Amendment, Freedom of Association, Corporations, Citizens United v. FEC, Illiberal Groups, Dale v. Boy Scouts of America, Political Participation, Self-Governance, Democracy

11.

'Live Free or Die'—Liberty and the First Amendment

Ohio State Law Journal, Forthcoming, Drexel University Thomas R. Kline School of Law Research Paper No. 2017-A-09
Number of pages: 30 Posted: 04 Dec 2017
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 85 (485,072)

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First Amendment, Separation of Powers, First Amendment Coverage, Time, Place and Manner, Compelled Speech, Right of Association, Freedom of Speech, New Lochnerism, Commercial Speech, Judicial Review, Free Expression, Self-Government, Positive Liberty

12.

Public Unions Under First Amendment Fire

Washington University Law Review, Vol. 95, 2018, Drexel University Thomas R. Kline School of Law Research Paper No. 2018-A-06
Number of pages: 36 Posted: 01 Mar 2018 Last Revised: 02 Jul 2018
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 84 (488,601)

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First Amendment, Compelled Speech, Freedom of Association, Abood v. Detroit Board of Education, Janus v. American Federation of State, County & Municipal Employees, Council 31, fair-share service fees, compelled unionism, labor law, unions, public-sector unions, Minnesota State Board of Community C

13.

The Associational Rights of Political Parties

Drexel University Thomas R. Kline School of Law Research Paper Series No. Forthcoming, The Oxford Handbook of American Election Law (Eugene Mazo, ed.) (2023, Forthcoming)
Number of pages: 25 Posted: 30 Jun 2023
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 81 (499,226)

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First Amendment, freedom of association, political parties, rank choice voting, party primaries, open primaries, closed primaries, white primaries

14.

Making and Unmaking Citizens: Law and the Shaping of Civic Capacity

University of Michigan Journal of Law Reform, Vol. 53, 2019
Number of pages: 78 Posted: 10 Jul 2019 Last Revised: 22 Jan 2020
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 65 (564,064)

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Legislation, Legislative Reform, Policyfeedback, Policy, Democracy Reform, Elections, Politics, Political Participation, Civic Associations, Campaign Finance, Political Parties, Election Law, Law of Democracy. U.S. Politics, Wealth Inequality, New Gilded Age

15.

The Possibilities for Responsive Party Government

Columbia Law Review Online, vol. 119, pp. 123-157, 2019
Number of pages: 36 Posted: 18 Nov 2020
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 31 (761,952)

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16.

Associational Party-Building: A Path to Rebuilding Democracy

Drexel University Thomas R. Kline School of Law Research Paper Series, Columbia Law Review, Vol. 122, No. 7, 2022
Number of pages: 50 Posted: 11 Jul 2023
Tabatha Abu El-Haj and Didi Kuo
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University and Harvard University
Downloads 30 (769,639)

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political parties, primaries, election law, 2020 election

17.

Breathing Room for the Right of Assembly

William & Mary Journal of Race, Gender, and Social Justice, vol. 28, 2021.
Number of pages: 31 Posted: 26 Feb 2022
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 26 (801,174)

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First Amendment, Right of Assembly, Protest, BLM, Black Lives Matter, George Floyd

18.

Wholly Native to the First Amendment: The Positive Liberty of Self-Government

University of Pennsylvania Law Review Online, Vol. 164, pp. 241-246, 2016
Number of pages: 6 Posted: 16 Apr 2020
Tabatha Abu El-Haj
Drexel University Thomas R. Kline School of LawThomas R. Kline School of Law, Drexel University
Downloads 14 (910,450)

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