Michael Morley

Florida State University - College of Law

425 W. Jefferson Street

Tallahassee, FL 32306

United States

  • Florida State University - College of Law

SCHOLARLY PAPERS

39

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Scholarly Papers (39)

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1.

The Independent State Legislature Doctrine

Fordham Law Review, Vol. 90, 2021, FSU College of Law, Public Law Research Paper Forthcoming
Number of pages: 60 Posted: 24 Nov 2021
Michael Morley
Florida State University - College of Law
Downloads 1,367 (20,356)

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election, voting, statutory interpretation, constitutional interpretation, Elections Clause, Presidential Electors Clause, independent state legislature doctrine, erie, federalism, state constitution, independent redistricting commission, separation of powers, U.S. Constitution

2.

The Independent State Legislature Doctrine, Federal Elections, and State Constitutions

FSU College of Law, Public Law Research Paper No. 917, 55 Ga. L. Rev. 1 (2021).
Number of pages: 94 Posted: 02 Mar 2020 Last Revised: 06 Jan 2021
Michael Morley
Florida State University - College of Law
Downloads 963 (33,931)

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political gerrymandering, partisan gerrymandering, constitutional law, voting rights, right to vote, state constitution, federalism, Elections Clause, Presidential Electors Clause, election contest, Nineteenth Century, originalism, structuralism, intratextualism, Supreme Court, redistricting

3.

Postponing Federal Elections Due to Election Emergencies

Washington and Lee Law Review, Vol. 77, No. 1, 2020
Number of pages: 38 Posted: 04 Jun 2020 Last Revised: 09 Nov 2020
Michael Morley
Florida State University - College of Law
Downloads 355 (119,269)
Citation 1

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election, voting, constitution, RNC v. DNC, Supreme Court, franchise, election postponement, election modification, election emergency, COVID-19, coronavirus

4.

Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks

Emory Law Journal, 2018
Number of pages: 73 Posted: 23 Apr 2018
Michael Morley
Florida State University - College of Law
Downloads 354 (119,659)
Citation 1

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election, voting, voting rights, election day, early voting, voter registration, due process, equal protection, constitution, constitutional law, hurricane, terrorism, terrorist attack, natural disaster, mass displacement, Hurricane Matthew, september 11, 9/11, hurricane Katrina, Hurricane Sandy

5.

De Facto Class Actions? Plaintiff- and Defendant-Oriented Injunctions in Voting Rights, Election Law, and Other Constitutional Cases

Harvard Journal of Law and Public Policy, Vol. 39, No. 2, 2016
Number of pages: 70 Posted: 08 Feb 2016 Last Revised: 24 Sep 2016
Michael Morley
Florida State University - College of Law
Downloads 333 (127,911)
Citation 1

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injunction, equity, remedy, remedial, class action, Rule 23(b)(2), constitution, standing, personal jurisdiction, due process, territorial jurisdiction, geographic jurisdiction, claim preclusion, issue preclusion, res judicata, collateral estoppel, organizational standing, associational standing

6.

The Federal Equity Power

Boston College Law Review, Vol. 59, 2018
Number of pages: 64 Posted: 28 Feb 2017 Last Revised: 21 Apr 2018
Michael Morley
Florida State University - College of Law
Downloads 269 (159,469)
Citation 1

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Erie, Equity, Equitable Rights, Remedies, Injunctions, Receiverships, Equitable Liens, Rules of Decision Act, Federalism, Civil Procedure, Separation of Powers

7.

The Framers' Inadvertent Gift: The Electoral College and the Constitutional Infirmities of the National Popular Vote Compact

Harvard Law & Policy Review, 2021
Number of pages: 47 Posted: 26 Mar 2020 Last Revised: 27 May 2021
Michael Morley
Florida State University - College of Law
Downloads 220 (193,803)

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electoral college, faithless elector, democracy, due process, equal protection, presidential elector, Presidential Electors Clause, equality, democracy, recount, election contest, Compacts Clause, interstate compact, Supreme Court, national popular vote, National Popular Vote Compact

8.

Nationwide Injunctions, Rule 23(B)(2), and the Remedial Powers of the Lower Courts

Boston University Law Review, Vol. 97, 2017
Number of pages: 43 Posted: 09 Mar 2017
Michael Morley
Florida State University - College of Law
Downloads 210 (202,371)
Citation 1

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injunction, nationwide injunction, nationwide class, class action, equitable relief, stare decisis, federal courts, judiciary, Article III, collateral estoppel, Rule 23(b)(2)

9.

Litigating Imperfect Solutions: State Constitutional Claims in Federal Court

35 Const. Comment. 401 (2020), FSU College of Law, Public Law Research Paper No. 916
Number of pages: 30 Posted: 30 Jan 2020 Last Revised: 12 Apr 2021
Michael Morley
Florida State University - College of Law
Downloads 165 (249,836)

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state constitution, constitutional law, individual rights, litigation, federal court, federal jurisdiction, abstention, Pullman, Pennhurst doctrine, Eleventh Amendment, sovereign immunity, supplemental jurisdiction, 28 U.S.C. 1367, state court, federal judge, state judge

10.

Erroneous Injunctions

Emory Law Journal, 2022 Forthcoming
Number of pages: 64 Posted: 01 Dec 2021 Last Revised: 02 May 2022
Michael Morley
Florida State University - College of Law
Downloads 150 (270,215)

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injunction, declaratory judgment, punishment, judicial power, equity, remedies, equitable remedies, irreparable injury, injunction bond, writ of erasure, contempt

11.

Spokeo: The Quasi-Hohfeldian Plaintiff and the Non-Federal Federal Question

25 Geo. Mason L. Rev 577 (2019)
Number of pages: 22 Posted: 05 Apr 2017 Last Revised: 17 Jul 2019
Michael Morley
Florida State University - College of Law
Downloads 149 (271,657)

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standing, Hohfeld, Hohfeldian plaintiff, ideological plaintiff, Article III, justiciability, concreteness, ASARCO, federal court, state court, judicial power, Article II, Take Care, executive power, cause of action, statutory damages, attorneys fees, qui tam, relator

12.

Disaggregating Nationwide Injunctions

Alabama Law Review, Vol. 71, No. 1, 2019, FSU College of Law, Public Law Research Paper No. 906
Number of pages: 65 Posted: 16 Jul 2019 Last Revised: 23 Mar 2020
Michael Morley
Florida State University - College of Law
Downloads 145 (277,666)

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nationwide injunction, injunction, equity, class action, constitution, remedy, standing, plaintiff, justiciability, due process, rights, litigation, public law, claim preclusion, res judicata, collateral estoppel

13.

Bush v. Gore's Uniformity Principle and the Equal Protection Right to Vote

28 Geo. Mason L. Rev. 229 (2020)
Number of pages: 78 Posted: 07 Oct 2020 Last Revised: 12 Apr 2021
Michael Morley
Florida State University - College of Law
Downloads 143 (280,680)

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14.

The Intratextual Independent 'Legislature' and the Elections Clause

Northwestern University Law Review, Vol. 109, No. 847, 2015
Number of pages: 24 Posted: 28 Oct 2014 Last Revised: 24 Sep 2016
Michael Morley
Florida State University - College of Law
Downloads 142 (282,199)

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Intratextualism; Elections Clause; Presidential Electors; Legislatures; Textualism; Constitutional Interpretation; elections; redistricting; independent legislature doctrine

15.

The Disparate Impact Canon

166 U. Pa. L. Rev. Online 249 (2018).
Number of pages: 15 Posted: 05 Feb 2018 Last Revised: 23 Apr 2018
Michael Morley
Florida State University - College of Law
Downloads 127 (307,345)

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disparate impact, racial equality, equal protection, statutory interpretation, canons of construction, substantive canons, constitution, constitutional avoidance, judicial process, judging, empathy

16.

The New Elections Clause

91 Notre Dame L. Rev. Online 79 (2016)
Number of pages: 28 Posted: 27 Jul 2015 Last Revised: 24 Sep 2016
Michael Morley
Florida State University - College of Law
Downloads 120 (320,321)
Citation 1

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Elections Clause, Presidential Electors Clause, electors, elections, voting, Constitution, legal process, representation reinforcement, constitutional interpretation, delegations, independent state legislature doctrine, statutory interpretation, plain meaning

17.

Consent of the Governed or Consent of the Government? The Problems with Consent Decrees in Government-Defendant Cases

16 U. Penn. J. Const. L. 637 (2014)
Number of pages: 60 Posted: 22 Nov 2013 Last Revised: 24 Sep 2016
Michael Morley
Florida State University - College of Law
Downloads 117 (325,999)

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consent decree, remedies, settlement, federal courts, entrenchment, injunction, public law, constitutional law

18.

Vertical Stare Decisis and Three-Judge District Courts

108 Geo. L.J. 699 (2020)
Number of pages: 68 Posted: 08 May 2019 Last Revised: 23 Mar 2020
Michael Morley
Florida State University - College of Law
Downloads 99 (365,104)
Citation 1

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precedent, stare decisis, three-judge court, three-judge district court, election law, voting rights, campaign finance, BCRA, Voting Rights Act, Mann-Elkins Act, Expedition Act, preliminary injunction, permanent injunction, constitutionality, remedies

19.

Avoiding Adversarial Adjudication

Florida State University Law Review, Vol. 40, No. 5, 2014
Number of pages: 50 Posted: 10 Mar 2014 Last Revised: 30 Jul 2018
Michael Morley
Florida State University - College of Law
Downloads 94 (377,218)

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federal courts, jurisdiction, hypothetical, Article III, exposition, dispute resolution, waiver, forfeiture, settlement, consent decree, confession of error, stipulation, default

20.

Remedial Equilibration and the Right to Vote Under Section 2 of the Fourteenth Amendment

2015 U. Chi. Legal F. 279
Number of pages: 64 Posted: 27 Mar 2015 Last Revised: 24 Sep 2016
Michael Morley
Florida State University - College of Law
Downloads 85 (401,156)
Citation 1

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Fourteenth Amendment, Due Process, Equal Protection, Section 2, Voting, Voting Rights, Voter Identification, Originalism, Remedial Equilibration, Remedies, Remedial Deterrence

21.

Interpreting Injunctions

Virginia Law Review, Forthcoming
Number of pages: 60 Posted: 07 Oct 2020
F. Andrew Hessick and Michael Morley
University of North Carolina School of Law and Florida State University - College of Law
Downloads 83 (406,839)

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22.

Enforcing Equality: Statutory Injunctions, Equitable Balancing Under eBay, and the Civil Rights Act of 1964

2014 U. Chi. L. Forum 177
Number of pages: 47 Posted: 28 May 2014 Last Revised: 24 Sep 2016
Michael Morley
Florida State University - College of Law
Downloads 80 (415,641)

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Injunction, remedies, federal courts, civil rights, equity, equitable balancing

23.

Article III and the History of Nationwide Injunctions: A Response to Professor Sohoni

Alabama Law Review, Vol. 72, 2020, FSU College of Law, Public Law Research Paper No. 925
Number of pages: 20 Posted: 01 Jun 2020 Last Revised: 12 Apr 2021
Michael Morley
Florida State University - College of Law
Downloads 79 (418,624)

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Nationwide Injunction, Article III, Jurisdiction, Defendant-Oriented Injunction, Class Action, Rule 23, Stare Decisis, Collateral Estoppel, Personal Jurisdiction

24.

Defeating the Executive Nondelegation Doctrine

FSU College of Law, Public Law Research Paper No. 902
Number of pages: 12 Posted: 16 Jul 2019 Last Revised: 23 Mar 2020
Michael Morley
Florida State University - College of Law
Downloads 77 (424,903)

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nondelegation, separation of powers, discretion, constitutional law, statutory interpretation, default rules

25.

Public Law at the Cathedral: Enjoining the Government

Cardozo Law Review, Vol. 35, 2014
Number of pages: 51 Posted: 08 Jun 2014 Last Revised: 24 Sep 2016
Michael Morley
Florida State University - College of Law
Downloads 77 (424,903)

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26.

Dismantling the Unitary Electoral System? Uncooperative Federalism in State and Local Elections

111 Northwestern University Law Review Online 103 (2017)
Number of pages: 22 Posted: 07 Mar 2016 Last Revised: 26 Mar 2020
Michael Morley
Florida State University - College of Law
Downloads 75 (431,075)

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vote, election, federalism, uncooperative federalism, Kansas, Arizona, voter registration, convention, Elections Clause, presidential elector, electoral college, voting, franchise, purge

27.

The Enforcement Act of 1870, Federal Jurisdiction Over Election Contests, and the Political Question Doctrine

72 Fla. L. Rev. 1153 (2020)
Number of pages: 58 Posted: 07 Oct 2020 Last Revised: 12 Apr 2021
Michael Morley
Florida State University - College of Law
Downloads 71 (444,034)

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elections, federal elections, voting rights, courts, congress, judiciary, subject-matter jurisdiction, justiciability, Article III, Reconstruction, Enforcement Act, Civil Rights Act, 28 U.S.C. 1344, congressional election, presidential election, Fifteenth Amendment, Cruikshank, political question

28.

Contingent Constitutionality, Legislative Facts, and Campaign Finance Law

Florida State University Law Review, Vol. 42, 2016
Number of pages: 38 Posted: 27 Jan 2016 Last Revised: 28 Apr 2021
Michael Morley
Florida State University - College of Law
Downloads 69 (450,863)

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campaign finance, First Amendment, PAC, SuperPAC, contribution limit, aggregate limit, independent expenditure, elections, election law, politics, political system, campaigns, candidate, fundraising, political party, legislative fact, Supreme Court, amicus brief

29.

Reverse Nullification and Executive Discretion

University of Pennsylvania Journal of Constitutional Law, Vol. 17, 2015
Number of pages: 52 Posted: 27 Jan 2016 Last Revised: 30 Jan 2016
Michael Morley
Florida State University - College of Law
Downloads 65 (464,788)

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30.

Republicans and the Voting Rights Act

Tulsa Law Review, Vol. 54, No. 281, 2019, FSU College of Law, Public Law Research Paper No. 908
Number of pages: 12 Posted: 16 Jul 2019
Michael Morley
Florida State University - College of Law
Downloads 64 (468,450)

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Voting Rights Act, election law, voting, due process, equal protection, discrimination, disparate impact, pre-clearance, section 2, section 5, Fourteenth Amendment, Fifteenth Amendment, civil rights

31.

Beyond the Elements: Erie and the Standards for Preliminary and Permanent Injunctions

52 Akron L. Rev. 457 (2019), FSU College of Law, Public Law Research Paper No. 898
Number of pages: 37 Posted: 07 Nov 2018 Last Revised: 12 May 2019
Michael Morley
Florida State University - College of Law
Downloads 62 (475,898)
Citation 1

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Erie, permanent injunction, preliminary injunction, choice of law, equity, federalism, Guaranty Trust, elements, precedent, caselaw

32.

Prophylactic Redistricting? Congress's Section 5 Power and the New Equal Protection Right to Vote

William & Mary Law Review, Vol. 59, 2018, FSU College of Law, Public Law Research Paper No. 882
Number of pages: 62 Posted: 01 Aug 2018
Michael Morley
Florida State University - College of Law
Downloads 60 (483,610)

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Voting, Elections, Democracy, Constitution, Constitutional Rights, Fourteenth Amendment, Equal Protection, Section 5, Prophylactic, Redistricting, Gerrymandering

33.

Reforming the Contested Convention: Rethinking the Presidential Nomination Process

Fordham Law Review, Vol. 85, 2016
Number of pages: 23 Posted: 21 Sep 2016 Last Revised: 12 Apr 2021
Michael Morley
Florida State University - College of Law
Downloads 54 (507,480)

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President, Presidential Nomination, Political Party, Primary, Caucus, Presidential Preference, Convention, Party Convention, National Convention, Political Convention, Nomination, Candidate, Pledge, Bind, Bound, Delegate

34.

Non-Contentious Jurisdiction and Consent Decrees: A Reply to Professors Pfander & Birk

19 U. Pa. J. Const. L. Online 1 (2016)
Number of pages: 15 Posted: 05 Aug 2015 Last Revised: 12 Apr 2021
Michael Morley
Florida State University - College of Law
Downloads 49 (529,284)

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Jurisdiction, federal courts, justiciability, case or controvery, adverseness, adverse parties, non-contentious jurisdiction, originalism, Article III

35.

U.S. Supreme Court Amicus Brief of Prof. Michael T. Morley in Support of Neither Party in Chiafalo v. Washington (19-465) & Colorado Dep't of State v. Baca (No. 19-518)

Number of pages: 36 Posted: 15 Apr 2020
Michael Morley
Florida State University - College of Law
Downloads 26 (657,104)

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presidential elector, faithless elector, presidential election, electoral college, right to vote, equal protection, bush v. gore, civil rights, 42 U.S.C. 1983, Bivens claims, implied right of action, private right of action, political question, originalism

36.

Prepared Testimony of Professor Michael T. Morley Before the U.S. House of Representatives Judiciary Committee, Subcommittee on Courts, Intellectual Property and the Internet

Number of pages: 12 Posted: 04 Dec 2017
Michael Morley
Florida State University - College of Law
Downloads 25 (664,274)
Citation 8

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Injunction, Nationwide Injunction, Equity, Federal Courts, Class Action, Rule 23, Article III, Judiciary, Court, Justiciability, Standing, Due Process, Claim Preclusion, Res Judicata

37.

Floor Fight: Protecting the Presidential Nomination Process from Last-Minute Manipulation of the Rules for National Party Conventions

The Best Candidate: Presidential Nomination in Polarized Times (2020, Forthcoming).
Number of pages: 43 Posted: 11 Jul 2019
Michael Morley
Florida State University - College of Law
Downloads 24 (671,646)

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presidential nomination, nominee, political party, dark horse, rules, national convention, delegate, binding, unit rule, two-third rule, Democratic Party, Republican Party, candidate

38.

Testimony of Professor Michael T. Morley Before the U.S. House Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights & Civil Liberties

Number of pages: 28 Posted: 04 Feb 2020
Michael Morley
Florida State University - College of Law
Downloads 21 (694,665)

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Elections, Constitutional Law, Voting Rights, Voting Rights Act, Voting Rights Advancement Act, Congress, Judiciary Committee, Section 5, Fourteenth Amendment, City of Boerne, Katzenbach v. Morgan

39.

Amicus Brief of Professor Michael T. Morley in Support of Neither Party, Colorado Dep't of State v. Baca, No. 19-519 (U.S. 2019)

Number of pages: 29 Posted: 06 Dec 2019
Michael Morley
Florida State University - College of Law
Downloads 11 (780,851)

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presidential elector, 42 u.s.c. 1983, elector binding, faithless elector, civil rights, private right of action, bivens claim, advisory opinion, article iii, separation of powers, justiciability, friendly suit, adversity requirement

Other Papers (1)

Total Downloads: 51
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1.

Election Emergencies: Voting in Times of Pandemic

Washington and Lee Law Review, Forthcoming 2022
Number of pages: 67 Posted: 16 Nov 2021
Michael Morley
Florida State University - College of Law
Downloads 51

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pandemic, COVID-19, Spanish Flu, voting, election law, constitution, Elections Clause, Presidential Electors Clause, Due Process Clause, Equal Protection Clause, standing, laches, Purcell Principle, injunction