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Joshua A. Douglas

university of kentucky college of law professor josh douglas

Robert G. Lawson & William H. Fortune Associate Professor of Law

232 Law Building

joshuadouglas@uky.edu

(859) 257-4935

Department

Professor Joshua A. Douglas teaches and researches election law and voting rights, civil procedure, constitutional law, and judicial decision making. His most recent scholarship focuses on the constitutional right to vote, with an emphasis on state constitutions, as well as the various laws, rules, and judicial decisions impacting election administration.  He has also written extensively on election law procedure.

Professor Douglas has published in top journals, including the Penn Law Review Online, Vanderbilt Law Review, Washington University Law Review, George Washington Law Review, Indiana Law Journal, and the Election Law Journal, among others. His article Procedural Fairness in Election Contests was a winner of the 2011-12 SEALS Call for Papers, and he has been cited extensively in major law review articles and case books in the field.

He is also a co-author of an Election Law case book (Aspen Publishers 2014) and a co-editor of a new book, Election Law Stories (Foundation Press 2016), which tells the behind-the-scenes stories of the major cases in the field. In addition, his media commentaries have appeared in the New York Times, USA Today, CNN, Reuters, Politico, The Atlantic, Huffington Post, and Slate, among others, and he has been quoted in major newspapers such as the New York Times and the Washington Post. He appeared live on CNN on Election Day 2016. He is also a repeat guest blogger on PrawfsBlawg.  Further, he was the founder and initial Chair of the AALS Section on Election Law.

Prior to joining UK, Professor Douglas clerked for the Honorable Edward C. Prado of the U.S. Court of Appeals for the Fifth Circuit and practiced litigation at the law firm of Akin, Gump, Strauss, Hauer & Feld. Professor Douglas earned his J.D. from George Washington University Law School, where he was an articles editor on the GW Law Review.

Professor Douglas enjoys spending time with his wife and two kids, watching baseball, training for marathons, listening to the music from the musical Hamilton, and traveling the country and the world.

Education

  • B.A., summa cum laude, George Washington University (2002)
  • J.D. with highest honors, George Washington University Law School (2007)

 

 

Specialties:

  • Election Law
  • Voting Rights
  • Constitutional Law
  • Civil Procedure
  • Judicial Decision Making

Books & Book Chapters

  • The Law of Voting (Oxford University Press forthcoming 2018) (with Edward B. Foley & Michael J. Pitts).
  • Election Law Stories (Joshua A. Douglas & Eugene D. Mazo eds., Foundation Press 2016).
  • The History of Voter ID Laws and the Story of Crawford v. Marion County Election Board, in Election Law Stories (Joshua A. Douglas & Eugene D. Mazo eds., Foundation Press 2016). 
  • Regulation of Federal Elections and Regulation of State Elections, in Encyclopedia of American Governance (MacMillan 2015).
  • Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014) (with Edward B. Foley & Michael J. Pitts).

Scholarly Articles

Scholarship is available for download at Joshua A. Douglas's SelectedWorks page.

  • The Right to Vote Under Local Law, 85 Geo. Wash. L. Rev. __ (forthcoming 2017).
  • In Defense of Lowering the Voting Age, 165 U. Pa. L. Rev. Online __ (forthcoming 2016).
  • A Pivotal Moment in Election Law, 104 Ky. L.J. __ (forthcoming 2016).
  • A Checklist Manifesto for Election Day: How to Prevent Mistakes at the Polls, 43 Fla. St. L. Rev. 353 (2016).
  • State Judges and the Right to Vote, 77 Ohio St. L.J. 1 (2016).
  • To Protect the Right to Vote, Look to State Courts and State Constitutions, 9 Advance: The J. of ACS Issue Briefs (Fall 2015), at 21, available at https://www.acslaw.org/publications/advance/9/1.
  • A Formal Recognition of Our Field, 14 Election L.J. 239 (2015).
  • (Mis)Trusting States to Run Election, 92 Wash. U. L. Rev. 553 (2015).
  • The Right to Vote Under State Constitutions, 67 Vand. L. Rev. 89 (2014).
  • Election Law Pleading, 81 Geo. Wash. L. Rev. 1966 (2013).
  • Procedural Fairness in Election Contests, 88 Ind. L.J. 1 (2013).
  • The Foundational Importance of Voting: A Response to Professor Flanders, 66 Okla. L. Rev. 81 (2013).
  • Discouraging Election Contests, 47 U. Rich. L. Rev. 1015 (2013).
  • Election Law and Civil Discourse: The Promise of ADR, 27 Ohio St. J. on Disp. Resol. 291 (2012).
  • Enlivening Election Law, 56 St. Louis U. L.J. 767 (2012).
  • Book Review, To HAVA, and Beyond!, 12 Election L.J. 233 (2013) (reviewing Martha Kropf & David C. Kimball, Helping America Vote (2011)).
  • The Procedure of Election Law in Federal Courts, 2011 Utah L. Rev. 433 (2011).
  • The Significance of the Shift Toward As-Applied Challenges in Election Law, 37 Hofstra L. Rev. 635 (2009).
  • The Voting Rights Act Through the Justices’ Eyes: NAMUDNO and Beyond, 88 Tex. L. Rev. See Also 1 (2009).
  • Is the Right to Vote Really Fundamental?, 18 Cornell J.L. & Pub. Pol’y 143 (2008).
  • Note, 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, 75 Geo. Wash. L. Rev. 372 (2007).
  • When is a “Minor” also an “Adult”?: An Adolescent’s Liberty Interest in Accessing Contraceptives from Public School Distribution Programs, 43 Willamette L. Rev. 545 (2007).

Advocacy

  • Brief of Amici Curiae Professors Joshua A. Douglas and Michael E. Solimine, Election Law Scholars, in Support of Petitioners, Shapiro v. McManus, 136 S. Ct. 450 (2015) (No. 14-990).

November 22, 2016

Leading up to the 2016 Presidential Election, Joshua A. Douglas, Robert G. Lawson & William H. Fortune Associate Professor of Law at the University of Kentucky College of Law, worked tirelessly to inform people across the nation about election issues through opinion pieces and media commentary.

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November 16, 2016

Members of the Election Law Society at the University of Kentucky College of Law spent election night providing live analyses regarding significant election law issues in Kentucky and across the nation through their Election Analysis Blog. The blog received traffic from 40 of the 50 states and attracted visitors from 11 other countries including Ireland, Russia, and South Korea.

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October 31, 2016

As citizens await the results of one of the most historic, interesting, and contentious presidential elections in American history, members of the Election Law Society at the University of Kentucky College of Law will provide live analyses regarding significant election law issues in Kentucky and across the nation through their blog at www.uky.edu/electionlaw.

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October 25, 2016

Joshua A. Douglas, Robert G. Lawson & William H. Fortune Associate Professor of Law at University of Kentucky College of Law, recently authored an opinion piece, "The good news on voting and democracy," published in USA Today on October 23.

To read the op-ed, visit http://www.usatoday.com/story/opinion/2016/10/23/elections-voting-law-counties-states-column/92372896/.

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October 13, 2016
By: Research

This podcast features Joshua A. Douglas, the Robert G. Lawson & William H. Fortune Associate Professor of Law at the UK College of Law. He talks about his research and his new book “Election Law Stories.”

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April 21, 2016

Joshua A. Douglas, the Robert G. Lawson & William H. Fortune Associate Professor of Law at the University of Kentucky College of Law, along with co-author Eugene D. Mazo, has published a new book, "Election Law Stories." The 593-page book offers a deep-dive into the most significant cases in election law across the nation, including the landmark decisions of Reynolds v. Sims, Bush v. Gore, Citizens United v. Federal Election Commission, and Shelby County v. Holder.

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April 8, 2016

University of Kentucky College of Law Professor Joshua Douglas recently authored an opinion piece, "What if eight justices must decide election?" published in The Courier-Journal on March 31.

To read the op-ed, visit http://www.courier-journal.com/story/opinion/2016/03/30/what-if-eight-justices-must-decide-election/82429970/.

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March 30, 2016

The light of election law shined on Kentucky last Friday, March 25, as the Kentucky Law Journal (KLJ) and the University of Kentucky College of Law co-hosted an all-day symposium that brought powerhouse speakers from across the nation to the College of Law Courtroom. Kentucky Secretary of State Alison Lundergan Grimes kicked off the event titled, An Elective Perspective: Judicial Regulation of Politics in an Election Year, with the delivery of the keynote address.

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In the wake of Election Day last Tuesday and joining the national conversation on voting rights, University of Kentucky College of Law Professor Joshua Douglas authored an opinion piece, "Will State Courts Fill a Void on Voting Rights?" published in The Atlantic on Nov. 5.

November 9, 2015

By: Whitney Harder

In the wake of Election Day last Tuesday and joining the national conversation on voting rights, University of Kentucky College of Law Professor Joshua Douglas authored an opinion piece, "Will State Courts Fill a Void on Voting Rights?" published in The Atlantic on Nov. 5.

To read the op-ed, visit http://www.theatlantic.com/politics/archive/2015/11/will-state-courts-fill-a-void-on-voter-rights/413932/.   

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Members of the UK College of Law Election Law Society and Professor Josh Douglas spent Election Day, November 3, 2015, monitoring Kentucky’s election results and responding to potential legal issues raised by the media and general public.

November 4, 2015

Members of the UK College of Law Election Law Society and Professor Josh Douglas spent Election Day, November 3, 2015, monitoring Kentucky’s election results and responding to potential legal issues raised by the media and general public. The group also posted stories in real time regarding these issues on their analysis blog.

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The University of Kentucky Election Law Society and election law expert Josh Douglas will provide live analyses on legal issues surrounding the Kentucky general election

November 2, 2015

By: Whitney Harder

The University of Kentucky Election Law Society and election law expert Josh Douglas will provide live analyses on legal issues surrounding the Kentucky general election Tuesday, Nov. 3, on their blog at http://www.uky.edu/electionlaw/.

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October 6, 2015

By: Katy Bennett, Rebecca Stratton, and Weston Loyd

The University of Kentucky Student Government Association (UKSGA) is hosting a state election forum for candidates for state treasurer, secretary of state, auditor and agriculture commissioner at 7 p.m. Monday, Oct. 12, at the Singletary Center for the Arts.

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university of kentucky college of law logo

For those who attended the Kentucky Bar Association’s 2015 Annual Convention you probably saw some familiar faces. Several professors from UK Law presented at the convention and shared their expertise with fellow lawyers. The professors involved and presentations given include:

Allison Connelly: Accommodating Transgender Students in Public Schools; Ferguson, Race and the Law

Josh Douglas: Securing the Right to Vote: The 50th Anniversary of the Voting Rights Act of 1965 and Current Developments in Election Law

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Election Law Society Group Photograph

Members of the Election Law Society and Professor Josh Douglas spent approximately eight hours on November 4, 2014 covering potential legal issues arising during the tabulation of the election results and posting stories in real time regarding these issues on their analysis blog.

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Professor Jennifer Bird-Pollan was promoted to Associate Professor and granted tenure. She joined the College of Law faculty in 2010, teaching Federal Income Tax, Estate & Gift tax, International Tax, Partnership Tax, Corporate Tax, and a Seminar in Tax Policy. She received her J.D. from Harvard Law School, where she was the articles editor for the Harvard Journal of Law and Gender, and her B.A. in Philosophy and French from Penn State University. Bird-Pollan also earned an M.A. in Philosophy from Vanderbilt University, where she is completing her Ph.D.

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New Casebook by Professor Douglas

Professor Josh Douglas, along with two co-authors, has published a brand new casebook, "Election Law and Litigation: The Judicial Regulation of Politics." The 846-page book offers a student-friendly, practical approach with carefully-designed pedagogical features. Its streamlined approach tracks the chronological order of an election, with significant focus on election administration, and is now available for pre-order on Amazon.

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