James A. Gardner

University at Buffalo Law School

Room 514, O'Brian Hall

Buffalo, NY 14260-1100

United States

http://www.law.buffalo.edu

SCHOLARLY PAPERS

36

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CITATIONS
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5

Scholarly Papers (36)

1.

Legal Argument: The Structure and Language of Effective Advocacy

LEXIS-NEXIS, 2nd edition, 2007
Number of pages: 18 Posted: 28 Nov 2007
James A. Gardner
University at Buffalo Law School
Downloads 1,963 (7,195)

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legal writing, argument, advocacy, syllogisms, briefs

2.

Partitioning and Rights: The U.S. Supreme Court’s Accidental Jurisprudence of Democratic Process

SUNY Buffalo Legal Studies Research Paper No. 2014-013
Number of pages: 44 Posted: 12 Dec 2013
James A. Gardner
University at Buffalo Law School
Downloads 555 (47,197)

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election law, democracy, representation

3.

The Myth of State Autonomy: Federalism, Political Parties, and the National Colonization of State Politics

Journal of Law and Politics, Vol. 29, No. 1, 2013, SUNY Buffalo Legal Studies Research Paper No. 2013-21
Number of pages: 69 Posted: 18 Dec 2012 Last Revised: 11 Oct 2013
James A. Gardner
University at Buffalo Law School
Downloads 490 (55,133)

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federalism, autonomy, party, politics

4.

The New Frontier of State Constitutional Law

William & Mary Law Review, Vol. 46, pp. 1231-1243, 2006, FSU College of Law, Public Law Research Paper No. 131
Number of pages: 14 Posted: 03 Nov 2004
James A. Gardner and Jim Rossi
University at Buffalo Law School and Vanderbilt University - Law School
Downloads 449 (61,504)

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5.
Downloads 332 ( 87,696)
Citation 1

Dual Enforcement of Constitutional Norms

NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, Oxford University Press, 2010, FSU College of Law, Public Law Research Paper No. 407
Number of pages: 21 Posted: 15 Oct 2009 Last Revised: 16 Dec 2009
James A. Gardner and Jim Rossi
University at Buffalo Law School and Vanderbilt University - Law School
Downloads 179 (163,482)
Citation 1

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federalism, state constitutions, state constitutional law, state courts, dialogic

New Frontiers of State Constitutional Law: Dual Enforcement of Norms

NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, Oxford University Press, 2011, FSU College of Law, Public Law Research Paper No. 478, FSU College of Law, Law, Business & Economics Paper No. 11-1, Buffalo Legal Studies Research Paper No. 2011-011
Number of pages: 14 Posted: 16 Jan 2011 Last Revised: 09 Oct 2017
James A. Gardner and Jim Rossi
University at Buffalo Law School and Vanderbilt University - Law School
Downloads 153 (187,501)
Citation 1

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State Constitutional Law, Constitutional Interpretation, Federalism, Constitutional Rights, Judicial Review, Same-Sex Marriage, Separation of Power, State Action

6.

In Search of Subnational Constitutionalism

Buffalo Legal Studies Research Paper No. 2007-016
Number of pages: 35 Posted: 26 Sep 2007
James A. Gardner
University at Buffalo Law School
Downloads 234 (127,041)
Citation 2

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federalism, constitutionalism, subnational, comparative, international

7.

Anti-Regulatory Absolutism in the Campaign Arena: Citizens United and the Implied Slippery Slope

Cornell Journal of Law and Public Policy, Vol. 20, 2010
Number of pages: 46 Posted: 25 Aug 2010 Last Revised: 09 Oct 2011
James A. Gardner
University at Buffalo Law School
Downloads 230 (129,249)

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campaign spending, democracy, citizens united, slippery slope, incumbent protection

8.

Democracy Without a Net? Separation of Powers and the Idea of Self-Sustaining Constitutional Constraints on Undemocratic Behavior

St. John's Law Review, Vol. 79, pp. 293-317, March 2005
Number of pages: 25 Posted: 06 Oct 2004
James A. Gardner
University at Buffalo Law School
Downloads 213 (139,191)

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Democracy, separation of powers

9.

Representation Without Party: Lessons from State Constitutional Attempts to Control Gerrymandering

Rutgers Law Journal, Vol. 37, 2006, Buffalo Legal Studies Research Paper No. 2006-007
Number of pages: 85 Posted: 11 Apr 2006
James A. Gardner
University at Buffalo Law School
Downloads 197 (149,728)

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representation, redistricting, apportionment, gerrymandering, state constitutions

Whose Constitution is it? Why Federalism and Constitutional Positivism Don't Mix

Number of pages: 31 Posted: 29 Jun 2004
James A. Gardner
University at Buffalo Law School
Downloads 182 (161,022)
Citation 1

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Federalism, positivism, state constitutions

Whose Constitution Is It? Why Federalism and Constitutional Positivism Don't Mix

William & Mary Law Review, Vol. 46, 2005
Posted: 22 Apr 2005
James A. Gardner
University at Buffalo Law School

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Federalism, positivism, state constitutions

11.

Election Law as Applied Democratic Theory

St. Louis University Law Journal, Forthcoming, Buffalo Legal Studies Research Paper No. 2012-031
Number of pages: 17 Posted: 05 Oct 2011
James A. Gardner
University at Buffalo Law School
Downloads 178 (164,256)

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democracy, democratic theory, elections, election law

12.

Anonymity and Democratic Citizenship

William & Mary Bill of Rights, Vol. 19, Buffalo Legal Studies Research Paper No. 2011-008
Number of pages: 48 Posted: 21 Jan 2011 Last Revised: 06 Apr 2011
James A. Gardner
University at Buffalo Law School
Downloads 160 (180,199)

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democracy, anonymity, democratic theory, citizenship

13.

Deliberation or Tabulation? The Self-Undermining Constitutional Architecture of Election Campaigns

Buffalo Legal Studies Research Paper No. 2006-013
Number of pages: 82 Posted: 21 Apr 2006
James A. Gardner
University at Buffalo Law School
Downloads 160 (180,199)

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elections, ballot access, campaign finance, parties, deliberation, democracy

14.

What are Campaigns for? The Role of Persuasion in Electoral Law and Politics

James A. Gardner, WHAT ARE CAMPAIGNS FOR? THE ROLE OF PERSUASION IN ELECTORAL LAW AND POLITICS, Oxford University Press, 2009, Buffalo Legal Studies Research Paper No. 2009-17
Number of pages: 13 Posted: 05 Jun 2009 Last Revised: 13 Jul 2009
James A. Gardner
University at Buffalo Law School
Downloads 155 (185,077)

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democracy, elections, campaigns, persuasion, democratic theory

15.

New York's Inbred Judiciary: Pathologies of Nomination and Appointment of Court of Appeals Judges

Buffalo Law Review: The Docket, Vol. 58, pp. 15-28, 2010
Number of pages: 15 Posted: 28 Jul 2010
James A. Gardner
University at Buffalo Law School
Downloads 108 (244,773)

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judicial elections, judicial appointment, judicial selection

16.

Sustainable Decentralization: Power, Extraconstitutional Influence and Subnational Symmetry in the United States and Spain

Buffalo Legal Studies Research Paper No. 2009-12
Number of pages: 52 Posted: 28 May 2009
James A. Gardner and Antoni Abat Ninet
University at Buffalo Law School and University of Copenhagen, Law school
Downloads 106 (248,057)

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Decentralization, federalism, subnational units, madisonian, comparative constitutional law, Spain, extraconstitutional

17.

What is 'Fair' Partisan Representation, and How Can it Be Constitutionalized? The Case for a Return to Fixed Election Districts

Buffalo Legal Studies Research Paper No. 2007-001, Marquette Law Review, Vol. 90
Number of pages: 49 Posted: 17 Jan 2007
James A. Gardner
University at Buffalo Law School
Downloads 105 (249,746)

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democracy, redistricting, apportionment, gerrymander, elections

18.

New York's Judicial Selection Process is Fine - It's the Party System that Needs Fixing

Buffalo Legal Studies Research Paper No. 2007-006, New York State Bar Journal, Vol. 79, September 2007
Number of pages: 18 Posted: 05 Apr 2007
James A. Gardner
University at Buffalo Law School
Downloads 103 (253,088)

Abstract:

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Democracy, elections, judiciary, gerrymander, parties

19.

The Dignity of Voters - A Dissent

University of Miami Law Review, Forthcoming
Number of pages: 40 Posted: 20 Aug 2009
James A. Gardner
University at Buffalo Law School
Downloads 81 (294,862)
Citation 1

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democracy, elections, voters, rights, election fraud

20.

The Theory and Practice of Contestatory Federalism

60 William & Mary Law Review 507 (2018), University at Buffalo School of Law Legal Studies Research Paper No. 2017-010
Number of pages: 83 Posted: 12 Nov 2017 Last Revised: 07 Feb 2019
James A. Gardner
University at Buffalo Law School
Downloads 80 (297,035)

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Federalism, Constitutional Design, Contestation, Madison

21.

Giving the Gift of Public Office

Buffalo Legal Studies Research Paper Series No. 2005-04, Buffalo Law Review, Vol. 53, No. 3, 2005
Number of pages: 30 Posted: 22 Sep 2005
James A. Gardner
University at Buffalo Law School
Downloads 80 (297,035)

Abstract:

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Democracy, elections, citizenship

22.

Distinctive Identity Claims in Federal Systems: Judicial Policing of Subnational Variance

International Journal of Constitutional Law, Vol. 14, Issue 2 (April 2016), pp. 378-410, SUNY Buffalo Legal Studies Research Paper No. 2014-018
Number of pages: 34 Posted: 30 Mar 2014 Last Revised: 02 Aug 2018
Antoni Abat i Ninet and James A. Gardner
University of Copenhagen - Center for Comparative and European Constitutional Studies and University at Buffalo Law School
Downloads 74 (310,766)

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federalism, autonomy, intergovernmental relations, constitutional court, comparative constitutional law

23.

Justice Brennan and the Foundations of Human Rights Federalism

Ohio State Law Journal, Vol. 77, p. 355, 2016, SUNY Buffalo Legal Studies Research Paper No. 2016-004
Number of pages: 32 Posted: 31 Oct 2015 Last Revised: 29 Jun 2016
James A. Gardner
University at Buffalo Law School
Downloads 65 (333,477)

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Brennan, state constitution, human rights, federalism

24.

Autonomy and Isomorphism: The Unfulfilled Promise of Structural Autonomy in American State Constitutions

60 Wayne Law Review 31, SUNY Buffalo Legal Studies Research Paper No. 2014-016
Number of pages: 38 Posted: 07 Feb 2014 Last Revised: 24 Oct 2014
James A. Gardner
University at Buffalo Law School
Downloads 57 (356,058)

Abstract:

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State constitutions, federalism, representation, isomorphism, legislature

25.

Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution

University at Buffalo School of Law Legal Studies Research Paper No. 2017-002
Number of pages: 31 Posted: 30 Aug 2017 Last Revised: 07 Dec 2017
James A. Gardner
University at Buffalo Law School
Downloads 53 (368,353)

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federalism, Canada, constitutional law, constitutional design

26.

The Puzzling Success of 'Federal Democracy'

CITC Conference Volume, November 2017, University at Buffalo School of Law Legal Studies Research Paper No. 2017-011
Number of pages: 31 Posted: 29 Nov 2017
James A. Gardner
University at Buffalo Law School
Downloads 43 (401,867)

Abstract:

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federalism, constitutional design, democracy

27.

Practice-Driven Changes to Constitutional Structures of Governance

69 Ark. L. Rev. 335 (2016), SUNY Buffalo Legal Studies Research Paper, No. 2016-010
Number of pages: 36 Posted: 25 Feb 2016 Last Revised: 27 Aug 2016
James A. Gardner
University at Buffalo Law School
Downloads 40 (412,976)

Abstract:

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state constitutions, constitutional change, constitutional amendment, New York Constitution

28.

Election Law in the American Political System (2d Ed.) [Table of Contents and Preface Only]

James A. Gardner & Guy-Uriel E. Charles, ELECTION LAW IN THE AMERICAN POLITICAL SYSTEM (2d edition), Aspen Publishers, 2018, University at Buffalo School of Law Legal Studies Research Paper No. 2017-008
Number of pages: 30 Posted: 02 Nov 2017
James A. Gardner and Guy-Uriel E. Charles
University at Buffalo Law School and Duke University School of Law
Downloads 27 (469,154)

Abstract:

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Elections, democracy, voting, casebook

29.

Active Judicial Governance

51 New Eng. L. Rev. 545 (2018), University at Buffalo School of Law Legal Studies Research Paper No. 2018-007
Number of pages: 11 Posted: 04 Dec 2018
James A. Gardner
University at Buffalo Law School
Downloads 18 (518,568)

Abstract:

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state constitutional law, federalism, constitutional change

30.

Presidential Selection: Historical, Institutional, and Democratic Perspectives

In A Better Candidate, Eugene Mazo and Michael Dimino, eds. (Forthcoming)., University at Buffalo School of Law Legal Studies Research Paper No. 2018-002
Number of pages: 39 Posted: 25 Aug 2018
James A. Gardner
University at Buffalo Law School
Downloads 11 (558,793)

Abstract:

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democracy, president, election, primary election, democratic theory

31.

The Incompatible Treatment of Majorities in Election Law and Deliberative Democracy

SUNY Buffalo Legal Studies Research Paper No. 2013-036
Posted: 18 Apr 2013
James A. Gardner
University at Buffalo Law School

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democracy, majorities, deliberative democracy, campaigns

32.

How to Do Things with Boundaries: Redistricting and the Construction of Politics

Buffalo Legal Studies Research Paper No. 2012-039
Posted: 11 Feb 2012 Last Revised: 05 Sep 2012
James A. Gardner
University at Buffalo Law School

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democracy, redistricting, apportionment, politics, gerrymander

33.

Interpreting State Constitutions: A Jurisprudence of Function in a Federal System

University of Chicago Press, Spring 2005
Posted: 08 Jun 2005
James A. Gardner
University at Buffalo Law School

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State constitutions, federalism, constitutional interpretation

34.

State Constitutional Rights as Resistance to National Power: Toward a Functional Theory of State Constitutions

Georgetown Law Journal, Vol. 91, pp. 1003-1064, June 2003
Posted: 27 Feb 2004
James A. Gardner
University at Buffalo Law School

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federalism, state constitutions

35.

Madison's Hope: Virtue, Self-Interest and the Design of Electoral Systems

Iowa Law Review, Vol. 86, No. 1, October 2000
Posted: 09 Nov 2003
James A. Gardner
University at Buffalo Law School

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winner-take-all, election, electoral system, common good, representation, vote, majority, politics

36.

State Courts as Agents of Federalism: Power and Interpretation in State Constitutional Law

William and Mary Law Review, Vol. 44, No. 4, March 2003
Posted: 09 Aug 2003
James A. Gardner
University at Buffalo Law School

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State constitutions, federalism, state courts