Joshua Douglas

University of Kentucky - College of Law

Thomas P. Lewis Professor of Law

620 S. Limestone Street

Lexington, KY 40506-0048

United States

  • University of Kentucky - College of Law

SCHOLARLY PAPERS

24

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4

Scholarly Papers (24)

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1.

Is the Right to Vote Really Fundamental?

Cornell Journal of Law & Public Policy, Vol. 18, p. 143, 2008
Number of pages: 60 Posted: 02 Jan 2008 Last Revised: 04 Sep 2009
Joshua Douglas
University of Kentucky - College of Law
Downloads 548 (47,031)

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Crawford, voting rights, election law, severe burden test, Burdick, Anderson, standard of review, narrowly tailored, fundamental right, vote

2.

The Right to Vote under State Constitutions

67 Vanderbilt Law Review, 89 (2014)
Number of pages: 61 Posted: 17 Mar 2013 Last Revised: 24 Jan 2014
Joshua Douglas
University of Kentucky - College of Law
Downloads 460 (58,662)

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election law, voting, state constitutions, right to vote, lockstep, primacy, equal protection clause, voter ID, Article I Section 2, voter qualification

3.

In Defense of Lowering the Voting Age

165 University of Pennsylvania Law Review Online 63 (2017).
Number of pages: 10 Posted: 24 Jan 2017
Joshua Douglas
University of Kentucky - College of Law
Downloads 344 (83,413)

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voting, right to vote, election, voting age, local democracy, municipal elections

4.

Procedural Fairness in Election Contests

Indiana Law Journal, Vol. 88, 2013
Number of pages: 82 Posted: 06 Mar 2012 Last Revised: 07 Dec 2015
Joshua Douglas
University of Kentucky - College of Law
Downloads 324 (88,650)

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election, election contest, election procedure, post-election dispute, election process, impartial decision maker, legislation, dispute resolution

5.

The Right to Vote Under Local Law

85 George Washington Law Review 1039 (2017)
Number of pages: 73 Posted: 02 Aug 2016 Last Revised: 14 Sep 2017
Joshua Douglas
University of Kentucky - College of Law
Downloads 297 (97,552)

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election law, voting rights, right to vote, local law

6.

Introduction: The History of Voter ID Laws and the Story of Crawford v. Marion County Election Board

Election Law Stories (Douglas & Mazo, eds. 2016)
Number of pages: 5 Posted: 11 Mar 2016
Joshua Douglas
University of Kentucky - College of Law
Downloads 260 (112,343)

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voter ID, election law, voting rights, photo ID, Crawford, Help America Vote Act

7.

A Checklist Manifesto for Election Day: How to Prevent Mistakes at the Polls

Florida State University Law Review, Vol. 43, No. 353, 2016
Number of pages: 46 Posted: 24 Mar 2016 Last Revised: 18 Aug 2016
Joshua Douglas
University of Kentucky - College of Law
Downloads 244 (119,923)

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election law, voting, right to vote, checklist, election administration

8.

State Judges and the Right to Vote

Ohio State Law Journal, Vol. 77, No. 1, 2016
Number of pages: 48 Posted: 13 Sep 2014 Last Revised: 27 May 2016
Joshua Douglas
University of Kentucky - College of Law
Downloads 221 (132,352)

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voting, right to vote, election, state courts, state judge, appointed judge, elected judge

9.

The Procedure of Election Law in Federal Courts

Utah Law Review, Vol. 2011, No. 2, p. 433, 2011
Number of pages: 56 Posted: 20 Sep 2010 Last Revised: 29 Nov 2011
Joshua Douglas
University of Kentucky - College of Law
Downloads 209 (139,538)
Citation 1

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election law, three-judge court, en banc, procedure, federal courts

10.

When is a 'Minor' also an 'Adult'?: An Adolescent's Liberty Interest in Accessing Contraceptives from Public School Distribution Programs

Willamette Law Review, Vol. 43, p. 545, 2007
Number of pages: 32 Posted: 06 Apr 2007 Last Revised: 19 Sep 2009
Joshua Douglas
University of Kentucky - College of Law
Downloads 201 (144,841)

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condom, public distribution, school, minors, student, contraceptive, parental rights, AIDS, STDs, teenage pregnancy, fundamental rights, Wisconsin v. Yoder, right to raise child, sexual health, parental consent, parental opt-out, safe sex, abstinence, public health clinic, liberty interest

11.

(Mis)Trusting States to Run Elections

92 Washington University Law Review 553 (2015)
Number of pages: 51 Posted: 07 Mar 2014 Last Revised: 24 Jan 2018
Joshua Douglas
University of Kentucky - College of Law
Downloads 198 (146,834)

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election law, voting rights, constitutional law, as-applied challenges, facial challenges, Shelby County, Voting Rights Act

12.

Precedent, Three-Judge District Courts, and the Law of Democracy

107 Georgetown Law Journal 413 (2018)
Number of pages: 43 Posted: 16 Jan 2018 Last Revised: 05 Feb 2019
Joshua Douglas and Michael Solimine
University of Kentucky - College of Law and University of Cincinnati - College of Law
Downloads 168 (170,267)

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election law, voting rights, federal courts, three-judge courts, right to vote, partisan gerrymandering, redistricting, campaign finance

13.

The Significance of the Shift Toward As-Applied Challenges in Election Law

Hofstra Law Review, Vol. 37, p. 635, 2009
Number of pages: 63 Posted: 31 Mar 2009 Last Revised: 08 Sep 2009
Joshua Douglas
University of Kentucky - College of Law
Downloads 129 (211,692)
Citation 2

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14.

Election Law and Civil Discourse: The Promise of ADR

27 OHIO ST. J. ON DISP. RESOL. 291 (2012)
Number of pages: 30 Posted: 26 Jun 2011 Last Revised: 22 May 2012
Joshua Douglas
University of Kentucky - College of Law
Downloads 101 (252,886)

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election, voting, election disputes, political discourse, civic discourse, ADR

15.

Brief of Thirty-Four Law Professors as Amici Curiae in Support of Appellants in Altera Corp. v. Papst Licensing GMBH

Southwestern Law School Research Paper No. 2015-25
Number of pages: 28 Posted: 22 Dec 2015 Last Revised: 02 Mar 2017
Debra Lyn Bassett, Anya Bernstein, Jeremy Bock, Patrick Joseph Borchers, Michael J. Burstein, Michael A. Carrier, Bernard Chao, Colleen V. Chien, Jorge L. Contreras, Scott Dodson, Joshua Douglas, Catherine Ross Dunham, Katherine Florey, Roger Allan Ford, Leah Chan Grinvald, Paul R. Gugliuzza, Timothy R. Holbrook, William Hubbard, Sapna Kumar, Megan M. La Belle, Mark A. Lemley, David I. Levine, Joseph Scott Miller, Patricia W. Hatamyar Moore, Ira Steven Nathenson, Xuan-Thao Nguyen, Philip A. Pucillo, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson, Christopher B. Seaman, Gregory C. Sisk, Howard Wasserman, Buzz and Matthew K. Telford
Southwestern Law School, University at Buffalo Law School, Tulane University Law School, Creighton University School of Law, Benjamin N. Cardozo School of Law, Rutgers Law School, University of Denver Sturm College of Law, Santa Clara University - School of Law, University of Utah - S.J. Quinney College of Law, University of California Hastings College of the Law, University of Kentucky - College of Law, Elon University School of Law, University of California, Davis, University of New Hampshire School of Law, Suffolk University Law School, Boston University School of Law, Emory University, University of Baltimore - School of Law, affiliation not provided to SSRN, Catholic University of America (CUA) - Columbus School of Law, Stanford Law School, University of California Hastings College of the Law, University of Georgia School of Law, St. Thomas University School of Law, St. Thomas University School of Law, Indiana University Robert H. McKinney School of Law, Center for Intellectual Property & Innovation, Michigan State University College of Law, South Texas College of Law, Case Western Reserve University School of Law, Washington and Lee University School of Law, University of St. Thomas School of Law (Minnesota), Florida International University (FIU) - College of Law, Simpson Thacher & Bartlett LLP and University of Pennsylvania Law School - Student/Alumni/Adjunct
Downloads 96 (261,523)

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patent, declaratory judgment, jurisdiction, personal jurisdiction, patent assertion entity, minimum contacts

16.

Local Democracy on the Ballot

111 Northwestern University Law Review Online 173 (2017)
Number of pages: 23 Posted: 19 Jan 2017 Last Revised: 22 Jul 2017
Joshua Douglas
University of Kentucky - College of Law
Downloads 95 (263,279)

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Election Law, Voting Rights, Right to Vote, Local Law, Local Democracy, Entrenchment, Strict Scrutiny

17.

A Pivotal Moment for Election Law

Kentucky Law Journal, Vol. 104, 2016
Number of pages: 13 Posted: 26 Mar 2016 Last Revised: 22 Jul 2017
Joshua Douglas
University of Kentucky - College of Law
Downloads 90 (272,554)

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election law, voting rights, right to vote, voter ID, redistricting, partisan gerrymandering, campaign finance, Citizens United, McCutcheon, Voting Rights Act, Section 5, preclearance, election administration, Supreme Court, Justice Scalia, Merrick Garland

18.

A Voice in the Wilderness: John Paul Stevens, Election Law, and a Theory of Impartial Governance

60 William & Mary Law Review 335 (2018)
Number of pages: 100 Posted: 09 Mar 2018 Last Revised: 14 Feb 2019
Joshua Douglas and Cody Barnett
University of Kentucky - College of Law and Independent
Downloads 80 (292,926)

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Justice Stevens, Supreme Court, election law, redistricting, campaign finance, voter ID, legacy

19.

A Vote for Clarity: Updating the Supreme Court's Severe Burden Test for State Election Regulations that Adversely Impact an Individual's Right to Vote

George Washington Law Review, Vol. 75, p. 372, 2007
Number of pages: 26 Posted: 18 Oct 2006 Last Revised: 19 Sep 2009
Joshua Douglas
University of Kentucky - College of Law
Downloads 71 (313,788)
Citation 1

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election, voting rights, vote, severe burden, president, Ohio, Voting Rights Act, language assistance provision, five percent rule, election administration, Anderson test

20.

Discouraging Election Contests

University of Richmond Law Review, Vol. 47, 2013
Number of pages: 25 Posted: 12 Jan 2013 Last Revised: 29 Mar 2013
Joshua Douglas
University of Kentucky - College of Law
Downloads 67 (323,786)

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election, election contest, disputed election, voting, post-election litigation, law of democracy

21.

Election Law Pleading

81 George Washington Law Review 1966 (2013)
Number of pages: 72 Posted: 02 Feb 2013 Last Revised: 24 Jan 2014
Joshua Douglas
University of Kentucky - College of Law
Downloads 50 (372,952)

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election law, pleading, election, Twombly, Iqbal, Conley, no set of facts, civil procedure, voting

22.

Enlivening Election Law

St. Louis University Law Journal, Vol. 56, p. 767, 2012
Number of pages: 8 Posted: 12 Jan 2013
Joshua Douglas
University of Kentucky - College of Law
Downloads 22 (489,772)

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Election law, voting, law of democracy, teaching

23.

The Voting Rights Act Through the Justices’ Eyes: Namudno and Beyond

Texas Law Review See Also, Vol. 88, pp. 1-32, 2009
Number of pages: 32 Posted: 29 Nov 2011
Joshua Douglas
University of Kentucky - College of Law
Downloads 19 (506,455)

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Voting Rights Act, Supreme Court of the United States, Northwest Austin Municipal Utility District Number One v. Holder, election law, elections, constitutional, Constitution

24.

The Foundational Importance of Participation: A Response to Professor Flanders

Oklahoma Law Review, Vol. 66, No. 81, 2013
Number of pages: 20 Posted: 25 Mar 2016
Joshua Douglas
University of Kentucky - College of Law
Downloads 11 (551,438)

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right to vote, voting, election law, equality