DT
Derek T. Muller
@derektmuller
Professor of Law, Notre Dame Law School
Notre Dame, IN
Professor of Law, Notre Dame Law School. Election law, federal courts, & legal ed. 313 native. Rhymes with duller.
15 Posts
On Justice O'Connor's influence in the opinions in Bush v. Gore
Over at the Election Law Blog , I have a pair of posts on Justice Sandra Day O'Connor's influence in Bush v. Gore , as revealed by the papers of the late Justice John Paul Stevens. First, " Justice O’Connor created the framework and the heart of the language for Chief Justice Rehnqui How did Big Law survive the "Death of Big Law"?
Over at my blog , I occasionally address claims of what I call “dire predictions.” I revisit a dire prediction made years ago and see how they old up. This one focuses on post-financial crisis claims about Big Law. In 2010, Professor Larry Ribstein published a piece called The Deat February 2023 MBE bar scores fall to all-time record low in test history
Over at Excess of Democracy , I have this blog post . It begins: After all-time lows in 2020, matched in 2022, the February 2023 administration of the Multistate Bar Exam has hit new lows. The mean score was a 131.1, down from 132.6 last year and 134.0 the year before. We would expe Prior clerkship experience of Supreme Court clerks has changed dramatically in the last 10 and 20 years
Over at my blog, Excess of Democracy , I look at recent trends in Supreme Court clerkship hiring/ It increasingly appears that multiple clerkships are a prerequisite to securing a Supreme Court clerkship. So I looked at the data for this October Term 2023 class, along with compari Democratic, Republican fundraising for election litigation tops $154 million in 2021-22 cycle, 30% increase over 2020 presidential cycle
I have this post over at the Election Law Blog. It begins: I’ve chronicled how the 2015 “Cromnibus” bill appears to have contributed to a sharp increase in spending on election litigation. The bill allowed additional contributions to “election recounts and contests and other legal Federal courts note circuit split on whether the “materiality” provision of the Civil Rights Act of 1964 includes a right privately enforceable under Section 1983
I have this post over at the Election Law Blog on the division in he federal courts on the "materiality" provision of the Civil Rights Act of 1964-- provision has been at issue in recent cases like Ritter v. Migliori before the United States Supreme Court, and surely in the near Happy to talk with Ben Jacobs for this piece: "Election Subversion and the Writ of Mandamus"
I've posted this draft of an article on SSRN . Here's the abstract: Election subversion threatens democratic self-governance. Recently, we have seen election officials try to manipulate the rules after an election, defy accepted legal procedures for dispute resolution, and try to d The American Law Institute Launches Restatement of the Law, Election Litigation
I'm so pleased to share this news from the American Law Institute : The American Law Institute’s Council voted today to approve the launch of a Restatement of the Law project on Election Litigation. The "Modeling and projecting USNWR law school rankings under new methodologies"
Over at my blog, I have this post . It begins: I mused earlier about the “ endgame ” for law schools “boycotting” the rankings. It’s apparent now that USNWR will not abandon the rankings, and it’s quite u Who's likely to benefit from the new USNWR law school rankings formula?
I have this new analysis over on my blog . It begins: Melissa Korn at the Wall Street Journal dropped the news today that USNWR plans on changing its formula for the law school rankings: In a letter sent State legislatures should examine their election codes after passage of the Electoral Count Reform Act
Over at the Election Law Blog , I have a post on state legislatures and presidential elections. It begins: The new Electoral Count Reform Act will have an effect on state election laws in presidential e Senate’s Electoral Count Reform Act included in omnibus
As some of you may know, I've participated in extensive conversations about the Electoral Count Act, and reform efforts, over the last few years. The text of the omnibus bill has been released , and th "Congress aims to close off presidential election mischief and fraud with simple and bipartisan solutions"
I have this piece, a bit of an explainer, over at The Conversation on proposals to amend the Electoral Count Act, including specific details of the Electoral Count Reform Act, a bipartisan measure in "Turning Rehnquist’s concurring opinion in Bush v. Gore into a consensus majority standard"
I have a long-ish analysis of one of the most interesting (to me!) takeaways from oral argument in Moore v. Harper over at the Election Law Blog . It begins: During oral argument in Moore v. Harper toda
