Derek T. Muller

Notre Dame Law School

Professor of Law

P.O. Box 780

Notre Dame, IN 46556-0780

United States

SCHOLARLY PAPERS

38

DOWNLOADS
Rank 5,262

SSRN RANKINGS

Top 5,262

in Total Papers Downloads

15,293

SSRN CITATIONS

4

CROSSREF CITATIONS

4

Scholarly Papers (38)

1.

The Secret Sauce: Examining Law Schools that Overperform on the Bar Exam

75 Florida Law Review 65-116 (2023)., University of Louisville School of Law Legal Studies Research Paper Series No. 2022-4, U Iowa Legal Studies Research Paper No. 2022-29
Number of pages: 52 Posted: 01 Feb 2022 Last Revised: 21 Feb 2023
CJ Ryan and Derek T. Muller
Indiana University Maurer School of Law and Notre Dame Law School
Downloads 5,245 (3,324)
Citation 2

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legal education, law school, LSAT, undergraduate GPA, value added, bar exam, bar passage, bar success

2.

Federal Judicial Clerkship Report of Recent Law School Graduates, 2020 Edition

Number of pages: 16 Posted: 29 Jun 2018 Last Revised: 10 Jun 2020
Derek T. Muller
Notre Dame Law School
Downloads 2,519 (11,077)

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legal education, law schools, employment reports, employment statistics, federal clerkships, federal clerks, judges, judicial vacancies

3.

Invisible Federalism and the Electoral College

Arizona State Law Journal, Vol. 44, p. 1237, 2012, Pepperdine University Legal Studies Research Paper No. 2012/20
Number of pages: 56 Posted: 02 May 2012 Last Revised: 31 Mar 2014
Derek T. Muller
Notre Dame Law School
Downloads 793 (61,787)

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elections, election law, electoral college, federalism, presidential elections, one person one vote, voter eligibility, felon voting, disenfranchisement, constitutional law

4.

The Compact Clause and the National Popular Vote Interstate Compact

Election Law Journal: Rules, Politics, and Policy, volume 6, issue 4, 2007[10.1089/elj.2007.6403], Election Law Journal, Vol. 6, p. 372, 2007
Number of pages: 23 Posted: 05 Feb 2008 Last Revised: 25 Sep 2024
Derek T. Muller
Notre Dame Law School
Downloads 772 (64,000)
Citation 1

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national, popular, electoral, vote, college, interstate, compact, federal, election, president, law

5.

The High Cost of Lowering the Bar

32 Georgetown Journal of Legal Ethics 307 (2019)
Number of pages: 19 Posted: 01 Jun 2017 Last Revised: 18 Sep 2019
Robert Anderson and Derek T. Muller
University of Arkansas - School of Law and Notre Dame Law School
Downloads 720 (70,215)
Citation 1

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Bar Exam, California, State Bar, Occupational Licensing, Attorney Discipline, Legal Education, Data

6.

Electoral Votes Regularly Given

55 Georgia Law Review 1529 (2021), U Iowa Legal Studies Research Paper No. 2021-30
Number of pages: 25 Posted: 08 Jul 2021 Last Revised: 16 Sep 2021
Derek T. Muller
Notre Dame Law School
Downloads 550 (99,051)

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electoral count act, electoral votes, presidential elections, electoral college, bush v. gore, voting rights, election law, election litigation, january 6, regularly given, lawfully certified, safe harbor

7.

Election Subversion and the Writ of Mandamus

65 William & Mary Law Review 327 (2023), U Iowa Legal Studies Research Paper No. 2023-18
Number of pages: 61 Posted: 14 Mar 2023 Last Revised: 23 Dec 2023
Derek T. Muller
Notre Dame Law School
Downloads 543 (100,408)

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election law, election subversion, writ of mandamus, election remedies, election litigation, right to vote, voting rights, canvassing, election officials, election administration, Electoral Count Reform Act, state courts, certifying elections, ministerial obligations

8.

The Electoral College and the Federal Popular Vote

15 Harvard Law & Policy Review 129 (2020), U Iowa Legal Studies Research Paper No. 2021-19, Pepperdine University Legal Studies Research Paper No. 2020/7
Number of pages: 16 Posted: 25 Feb 2020 Last Revised: 13 Aug 2021
Derek T. Muller
Notre Dame Law School
Downloads 383 (151,109)

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electoral college, national popular vote, npv, national popular vote compact, presidential elections, federal elections, bush v. gore, congressional elections, elections clause, constitutional law, election law, voting rights

9.

Scrutinizing Federal Electoral Qualifications

Indiana Law Journal, Vol. 90, p. 559, 2015 , Pepperdine University Legal Studies Research Paper No. 2014/16
Number of pages: 54 Posted: 01 Apr 2014 Last Revised: 19 Jan 2016
Derek T. Muller
Notre Dame Law School
Downloads 378 (153,414)

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federalism, elections, election law, qualifications, ballot access, electoral college, voting rights, voters, Congress, Electoral Count Act, term limits, natural born citizen

10.

Weaponizing the Ballot

48 Florida State University Law Review 61 (2021)
Number of pages: 72 Posted: 10 Sep 2019 Last Revised: 03 Jun 2021
Derek T. Muller
Notre Dame Law School
Downloads 326 (180,166)
Citation 1

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election law, voting rights, ballot access, tax disclosures, presidential elections, presidential primaries, elections clause, presidential electors clause

11.

'Natural Born' Disputes in the 2016 Presidential Election

85 Fordham Law Review 1097 (2016), Pepperdine University Legal Studies Research Paper No. 2016/24
Number of pages: 16 Posted: 25 Aug 2016 Last Revised: 14 Aug 2020
Derek T. Muller
Notre Dame Law School
Downloads 233 (253,459)

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Election Law, President, Presidential Election, Natural Born Citizen, Qualifications, Ballots, Ted Cruz

12.

Perpetuating 'One Person, One Vote' Errors

39 Harvard Journal of Law and Public Policy 371 (2016), Pepperdine University Legal Studies Research Paper 2015/16
Number of pages: 25 Posted: 02 Dec 2015 Last Revised: 28 Apr 2016
Derek T. Muller
Notre Dame Law School
Downloads 226 (261,002)

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redistricting, one person one vote, federalism, legislatures, Evenwel, population, citizens, voting, elections

13.

Reducing Election Litigation

Fordham Law Review, Vol. 90:561, No. 2, 2021, U Iowa Legal Studies Research Paper No. 2021-49
Number of pages: 23 Posted: 03 Jun 2021 Last Revised: 22 Nov 2021
Derek T. Muller
Notre Dame Law School
Downloads 194 (300,620)

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election law, election litigation, elections, electoral college, federal elections, federalism, campaign finance, campaign expenditures, litigation

14.

Ballot Speech

58 Arizona Law Review 693 (2016), Pepperdine University Legal Studies Research Paper 2016/14
Number of pages: 59 Posted: 14 May 2016 Last Revised: 30 Sep 2016
Derek T. Muller
Notre Dame Law School
Downloads 192 (303,393)

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election law, speech, First Amendment, ballot box, public forum, candidates, voters, parties, political parties, ballot speech, election administration, Burdick

15.

The Play in the Joints of the Election Clauses

Election Law Journal: Rules, Politics, and Policy, volume 13, issue 2, 2014[10.1089/elj.2014.0252], 13 Election L.J. 310 (2014), Pepperdine University Legal Studies Research Paper No. 2014/17
Number of pages: 13 Posted: 22 Apr 2014 Last Revised: 25 Sep 2024
Derek T. Muller
Notre Dame Law School
Downloads 166 (345,232)

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election law, federalism, Shelby County, Inter Tribal, voting, voting rights, voter identification, citizenship, voter qualifications

16.

Legislative Delegations and the Elections Clause

43 Florida State University Law Review 717 (2016), Pepperdine University Legal Studies Research Paper No. 2015/17
Number of pages: 23 Posted: 26 Aug 2015 Last Revised: 23 Jan 2018
Derek T. Muller
Notre Dame Law School
Downloads 154 (367,622)

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Arizona State Legislature v. Arizona Independent Redistricting Commission, Elections Clause, Arizona state legislature, redistricting, legislative disputes, Seventeenth Amendment, Senate election, independent state legislature doctrine

17.

The Democracy Ratchet

Indiana Law Journal, Vol. 94, 2019, Pepperdine University Legal Studies Research Paper No. 2018/18
Number of pages: 50 Posted: 29 Jun 2018 Last Revised: 26 Apr 2019
Derek T. Muller
Notre Dame Law School
Downloads 153 (369,592)

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election law, voting rights, voting rights act, federalism, federal courts, constitutional law, voter identification, voter registration, judicial review

18.

Administering Presidential Elections and Counting Electoral Votes After Trump v. Anderson

Number of pages: 59 Posted: 26 Aug 2024
Derek T. Muller
Notre Dame Law School
Downloads 147 (383,951)

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Electoral College, Presidential elections, Voting, Ballot access, Election law, Presidential primaries, Federal courts, Congress, Twelfth Amendment

19.

Ballot Access

Oxford Handbook of American Election Law (Forthcoming), U Iowa Legal Studies Research Paper No. 2023-22
Number of pages: 23 Posted: 11 May 2023 Last Revised: 26 May 2023
Derek T. Muller
Notre Dame Law School
Downloads 147 (381,873)

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ballot access, political parties, third parties, independent candidates, fusion candidates, ballot deadlines, signature requirements, filing fees, Anderson-Burdick, two-party system, ballot initiatives

20.

Rules and Laws for Civil Actions 2023 (Hardcover edition)

Forthcoming, Rules and Laws for Civil Actions (2023), ISBN 0984037861, U Iowa Legal Studies Research Paper No. 2023-13
Number of pages: 364 Posted: 08 Nov 2022 Last Revised: 17 Mar 2023
University of Iowa - College of Law, Notre Dame Law School, University of Iowa - College of Law, University of Iowa - College of Law and Boston University - School of Law
Downloads 147 (381,873)

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civil procedure, statutes

21.

More Thoughts on the Compact Clause and the National Popular Vote: A Response to Professor Hendricks

Election Law Journal: Rules, Politics, and Policy, volume 7, issue 3, 2008[10.1089/elj.2008.7307], Election Law Journal, Vol. 7, p. 227, 2008
Number of pages: 6 Posted: 03 Apr 2012
Derek T. Muller
Notre Dame Law School
Downloads 147 (381,873)

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compact clause, national popular vote, political compact, political consent, electors, president, election

22.

Nonjudicial Solutions to Partisan Gerrymandering

62 Howard Law Journal 791 (2019), Pepperdine University Legal Studies Research Paper, Wiley A. Branton/Howard Law Journal Symposium (2018), "We The People? Internal and External Challenges to the American Electoral Process."
Number of pages: 18 Posted: 24 Apr 2019 Last Revised: 17 Apr 2020
Derek T. Muller
Notre Dame Law School
Downloads 145 (386,057)

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Partisan Gerrymander, Gerrymandering, Election Law, Redistricting, Baker v. Carr, Gill v. Whitford, Partisanship, Judicial Power, Judicial Restraint, Political Questions

23.

Judicial Review of Congressional Power Before and After Shelby County v. Holder

8 Charleston Law Review 287 (2013)
Number of pages: 32 Posted: 01 Apr 2014
Derek T. Muller
Notre Dame Law School
Downloads 136 (405,975)

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federalism, elections, Voting Rights Act, election law, constitutional law, Reconstruction Amendments

24.

The President of the Senate, the Original Public Meaning of the Twelfth Amendment, and the Electoral Count Reform Act

73 Case Western Reserve Law Review 1023 (2023)
Number of pages: 22 Posted: 18 Mar 2024
Derek T. Muller
Notre Dame Law School
Downloads 134 (410,832)

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electoral college, twelfth amendment, presidential elections, vice president, president of the senate, electoral count act, electoral count reform act, ballots, electoral votes

25.

What's Old is New Again: The Nineteenth Century Voter Registration Debates and Lessons About Voter Identification Disputes

56 Washburn Law Journal 109 (2017), Pepperdine University Legal Studies Research Paper
Number of pages: 13 Posted: 30 Jan 2018 Last Revised: 10 Jan 2020
Derek T. Muller
Notre Dame Law School
Downloads 132 (415,676)

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election law, voter registration, right to vote, voter identification, election history

26.

Brnovich v. DNC: Election Litigation Migrates from Federal Courts to the Political Process

2020-2021 Cato Sup. Ct. Rev. 217, U Iowa Legal Studies Research Paper No. 2021-40
Number of pages: 21 Posted: 24 Sep 2021 Last Revised: 28 Oct 2021
Derek T. Muller
Notre Dame Law School
Downloads 79 (590,627)

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elections, campaign finance, election law, presidential elections, ballot access, voter identification, voter registration, election administration, litigation, judicial review, voting rights act, arizona, supreme court, ballot collection

27.

'As Much Upon Tradition as Upon Principle': A Critique of the Privilege of Necessity Destruction Under the Fifth Amendment

Notre Dame Law Review, Vol. 82, No. 1, 2006
Number of pages: 46 Posted: 04 Apr 2012
Derek T. Muller
Notre Dame Law School
Downloads 69 (636,143)

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fifth amendment, takings, destruction takings, necessity, public necessity, private necessity, maritime, general average, common law

28.

Legal Quandaries in the Alabama Senate Election of 2017

69 Alabama Law Review 983 (2018), Pepperdine University Legal Studies Research Paper 2018/4
Number of pages: 14 Posted: 24 Jan 2018 Last Revised: 29 May 2018
Derek T. Muller
Notre Dame Law School
Downloads 66 (650,987)

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senate, special election, election law, voting rights, alabama senate, alabama state law, seveneenth amendment, federal courts, jurisdiction, independent candidates, ballot access, write-in laws, writs of election

29.

Complexity Confronting State Judges and the Right to Vote

77 Ohio St. L.J. Furthermore 65 (2016), Pepperdine University Legal Studies Research Paper
Number of pages: 8 Posted: 28 Apr 2016
Derek T. Muller
Notre Dame Law School
Downloads 65 (656,020)

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direct democracy, state courts, right to vote, election law, voting rights, elections, voting

30.

Restraining Judicial Application of the 'Safe Harbor' Provision in the Electoral Count Act

81 Ohio State Law Journal Online 221 (2020)
Number of pages: 5 Posted: 30 Jun 2020 Last Revised: 16 Aug 2021
Derek T. Muller
Notre Dame Law School
Downloads 64 (661,163)

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electoral vote, electoral college, electoral count act, safe harbor, election law, voting rights, federalism, state legislatures, federal courts, federal judiciary, bush v. gore

31.

Disfavored Candidates and the Democracy Canon

Florida Law Review Forum, Vol. 65, No. 1, 2013, Pepperdine University Legal Studies Research Paper No. 2013/13
Number of pages: 4 Posted: 05 Jul 2013 Last Revised: 30 Mar 2017
Derek T. Muller
Notre Dame Law School
Downloads 64 (661,163)

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Democracy Canon, popular democracy, legislative democracy, candidate-voter distinction, candidate eligibility

32.

Faith in Elections

Notre Dame Journal of Law, Ethics and Public Policy, Vol. 36, No. 2, 2022, U Iowa Legal Studies Research Paper No. 2023-09
Number of pages: 18 Posted: 24 Jan 2023 Last Revised: 29 Mar 2023
Derek T. Muller
Notre Dame Law School
Downloads 45 (773,053)

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33.

Celebrating the Work of Professor Bob Cochran: An Introduction

47 Pepperdine Law Review iii (2020)
Number of pages: 6 Posted: 15 Jun 2020
Derek T. Muller
Notre Dame Law School
Downloads 42 (794,217)

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law and religion, legal ethics, religious liberty

34.

Simplifying Presidential Primaries

Simplifying Presidential Primaries, in The Best Candidate (Eugene D. Mazo & Michael R. Dimino eds., Cambridge University Press 2020), U Iowa Legal Studies Research Paper No. 2021-34
Number of pages: 21 Posted: 03 Jun 2021 Last Revised: 23 Sep 2021
Derek T. Muller
Notre Dame Law School
Downloads 41 (801,441)

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presidential elections, presidential primaries, electoral college, Iowa, caucuses, Iowa caucus, New Hampshire, first in the nation, political parties, voting, voting rights, primaries, primary elections

35.

Chameleon Congressional Districts

64 St. Louis University Law Journal 673 (2020), U Iowa Legal Studies Research Paper No. 2021-16
Number of pages: 12 Posted: 15 Jun 2020 Last Revised: 16 Aug 2021
Derek T. Muller
Notre Dame Law School
Downloads 22 (967,287)

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election law, redistricting, census, voting rights, reapportionment, representation, democracy,

36.

Brief of Amici Curiae Federal Courts Scholars in Support of Movants Alabama v. California Supreme Court of the United States, No. 158 Orig.

Supreme Court of the United States, No. 158, Original, U. of Pittsburgh Legal Studies Research Paper No. 2024-24
Number of pages: 30 Posted: 20 Aug 2024
University of Pittsburgh - School of Law (Emeritus), University of North Carolina School of Law, Notre Dame Law School and Pepperdine University - Rick J. Caruso School of Law
Downloads 21 (977,641)

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Supreme Court, original jurisdiction, state-versus-state actions, Article III, federal courts, federal question jurisdiction

37.

Twenty-Third Amendment Problems Confronting District of Columbia Statehood

Harvard Journal of Law and Public Policy, Vol. 2021, No. 11, 2021, U Iowa Legal Studies Research Paper No. 2023-06
Number of pages: 13 Posted: 24 Jan 2023
Derek T. Muller
Notre Dame Law School
Downloads 19 (998,945)

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38.

Ideological Leanings in Likely Pro Bono Biglaw Amicus Briefs in the United States Supreme Court

2024 Harvard Journal of Law and Public Policy Per Curiam 1
Number of pages: 12 Posted: 18 Mar 2024
Derek T. Muller
Notre Dame Law School
Downloads 14 (1,053,672)

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biglaw, supreme court, amicus briefs, pro bono, litigation, supreme court practice, ideology, partisanship