Joshua Douglas
Acting Associate Dean for Research & University Research Professor
Ashland, Inc-Spears Distinguished Research Professor of Law
Joshua A. Douglas is the Acting Associate Dean for Research, the Ashland, Inc.-Spears Distinguished Research Professor of Law, and a University Research Professor at the University of Kentucky J. David Rosenberg College of Law (that is a long title!). He teaches and researches election law and voting rights, civil procedure, constitutional law, and judicial decision making. He is the author of Vote for US: How to Take Back our Elections and Change the Future of Voting (Prometheus Books 2019), a popular press book that provides hope and inspiration for a positive path forward on voting rights. His latest book is The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights (Beacon Press 2024).
His most recent legal 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 Georgetown Law Journal, Penn Law Review Online, Vanderbilt Law Review, Washington University Law Review, George Washington Law Review, William & Mary 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 his scholarship has been cited by several courts and in major law review articles and books.
He is also a co-author of an Election Law case book (Aspen Publishers 2014, 2021) and a co-editor of Election Law Stories (Foundation Press 2016). In addition, his media commentaries have appeared in the New York Times, CNN, Washington Post, LA Times, USA Today, Reuters, Politico, Atlantic, Washington Monthly, Huffington Post, and Slate, among others, and he has been quoted in major newspapers throughout the country. He appeared live on CNN on Election Day 2016.
Professor Douglas was the recipient of the 2019 Duncan Teaching Award at the University of Kentucky J. David Rosenberg College of Law. Further, he was the founder and initial Chair of the AALS Section on Election Law. He also served as a Fulbright Specialist at LUISS University in Rome, Italy and has engaged in several other international collaborations.
In 2024, Professor Douglas created a radio series and podcast through NPR affiliate WEKU called Democracy Optimist. The program delves deep into the heart of democratic processes, elections, and voting rights to ask a simple but vital question: how do we sustain our democracy?
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 (go Nationals!), playing guitar, training for marathons (he has run 5!), eating tacos, listening to the music from the musical Hamilton, and traveling the country and the world.
Specialties
- Election Law
- Voting Rights
- Constitutional Law
- Civil Procedure
- Judicial Decision Making
Courses
- Law 822 Constitutional Law II
- Law 921 Election Law
- Law 962 Kentucky Law Journal
- Law 840 Supreme Court Decision Making
- Law 815 Civil Procedure I
- The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights (Beacon Press 2024).
- Vote for US: How to Change the Future of Voting and Take Back Our Elections (Prometheus Books 2019).
- Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014) (with Edward B. Foley and Michael J. Pitts).
- Election Law Stories (Foundation Press 2016) (editor, with Eugene D. Mazo).
- A History of Third-Party Voter Registration Drives, Institute for Responsive Government (May 2023).
- Running in an Election Doesn’t Mean You Know How to Run Elections: The Case for Including Local Election Administrators in Voting Policy Debates, Constitutional Conversations, Center for Constitutional Design, Arizona State University (2022).
- Establishing Justice, Securing the Blessings of Liberty: Why Civic Duty Voting Is Constitutional in One Hundred Percent Democracy: The Case for Universal Voting (E.J. Dionne and Miles Rapaport, authors) (New Press 2022) (co-author of this chapter)
- The Case for Same-Day Voter Registration, The Justice Collaborative Institute, August 2020.
- Congress Must Count the Votes: The Danger of Not Including a State’s Electoral College Votes During a Disputed Presidential Election, 81 Ohio State Law Journal Online 183 (2020) (Election Law Roundtable Edition).
- Lift Every Voice: The Urgency of Universal Civic Duty Voting, Universal Voting Working Group, Brookings Institution and The Ash Center for Democratic Governance and Innovation, Harvard Kennedy School (2020) (co-author of legal section and contributor to full report).
- Elections as Duels: “You Know What? We Can Change That! You Know Why? ‘Cuz We Have the Support of Two-Thirds of Each House of Congress and Three Quarters of the States!”, in The Law of Hamilton: An American Musical (Cornell University Press, 2020).
- REPORT: Age Discrimination In Voting At Home, Coalition of Voting Rights Organizations (2020).
- Lowering the Voting Age from the Ground Up: The United States’ Experience in Allowing 16-Year-Olds to Vote, in Lowering the Voting Age to 16 – Learning from Real Experiences Worldwide (Palgrave Macmillan 2020).
- Democracy Reform, One Ballot at a Time, Harvard Law Review Blog (2019).
- Expanding Voting Rights Through Local Law, ACS Issue Brief (2017).
- The Story of Crawford v. Marion County Election Board and the History of Voter ID Laws, in Election Law Stories (2016).
- Election Law at the Local Level, 15 Election Law Journal 232 (2016) (introducing symposium issue as guest editor).
- A Pivotal Moment in Election Law, 104 Kentucky Law Journal 547 (2016) (introducing symposium issue).
- A Formal Recognition of Our Field, 14 Election Law Journal 239 (2015) (introducing symposium issue as guest editor).
- To Protect the Right to Vote, Look to State Courts and State Constitutions, American Constitution Society Issue Brief (2015).
- Regulation of Federal Elections and Regulation of State Elections, Encyclopedia of American Governance (MacMillan 2015).
- Amicus Brief Supporting Petitioners, Shapiro v. McManus, No. 14-990 (U.S. Supreme Court) (with Michael Solimine) (the Court sided with the Petitioners 9-0).
- The Foundational Importance of Participation: A Response to Professor Flanders, 66 Oklahoma Law Review 81 (2013) (Election Law Symposium Issue).
- To HAVA, and Beyond!, 12 Election Law Journal 233 (2013) (reviewing Martha Kropf & David C. Kimball, Helping America Vote (2011)).
- Discouraging Election Contests, 47 University of Richmond Law Review 1015 (2013) (Election Law Symposium Issue).
- Enlivening Election Law, 56 Saint Louis University Law Journal 767 (2012) (Teaching Election Law Issue).
- Election Law and Civil Discourse: The Promise of ADR, 27 Ohio State Journal on Dispute Resolution 291 (2012) (Election Law Symposium Issue).
- The Voting Rights Act Through the Justices’ Eyes: NAMUDNO and Beyond, 88 Texas Law Review See Also 1 (2009).
- When is a “Minor” also an “Adult”?: An Adolescent’s Liberty Interest in Accessing Contraceptives from Public School Distribution Programs, 43 Willamette Law Review 545 (2007).
- 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 George Washington Law Review 372 (2007).
Scholarship is available for download at Joshua A. Douglas's Scholars@UK page.
- The Power of the Electorate Under State Constitutions, 76 Florida Law Review (forthcoming 2024).
- A Major Wrong on a Private Right of Action Under the Voting Rights Act, 81 Washington and Lee Law Review __ (forthcoming 2024) (with Macin Graber)
- There Must Be Something in the Water—Or the Bourbon—In Kentucky: Voting Rights in the Bluegrass State, 111 Kentucky Law Journal 581 (2023) (introducing symposium issue).
- State Constitutions and Youth Voting Rights, 74 Rutgers University Law Review 1729 (2022) (symposium issue).
- Undue Deference to States in the 2020 Election Litigation, 30 William and Mary Bill of Rights Journal 59 (2021).
- “How the Sausage Gets Made”: Voter ID and Deliberative Democracy, 100 Nebraska Law Review 376 (2021).
- Bring the Masks and Sanitizer: The Surprising Bipartisan Consensus About Safety Measures for In-Person Voting During the Coronavirus Pandemic 55 Georgia Law Review 1585 (2021) (with Michael A. Zilis)
- The Loch Ness Monster, Haggis, and a Lower Voting Age: What America Can Learn from Scotland, 69 American University Law Review 1433 (2020) (symposium issue).
- Precedent, Three-Judge District Courts, and the Law of Democracy, 107 Georgetown Law Journal 413 (2018) (with Michael Solimine).
- A Voice In The Wilderness: John Paul Stevens, Election Law, and A Theory of Impartial Governance, 60 William & Mary Law Review 335 (2018) (with Cody Barnett).
- The Right to Vote Under Local Law, 85 George Washington Law Review 1039 (2017).
- Local Democracy on the Ballot, 111 Northwestern University Law Review Online 173 (2017).
- In Defense of Lowering the Voting Age, 165 University of Pennsylvania Law Review Online 63 (2017).
- A Checklist Manifesto for Election Day: How to Prevent Mistakes at the Polls, 43 Florida State Law Review 353 (2016).
- State Judges and the Right to Vote, 77 Ohio State Law Journal 1 (2016).
- (Mis)trusting States to Run Elections, 92 Washington University Law Review 553 (2015).
- The Right to Vote Under State Constitutions, 67 Vanderbilt Law Review 89 (2014).
- Election Law Pleading, 81 George Washington Law Review 1966 (2013).
- Procedural Fairness in Election Contests, 88 Indiana Law Journal 1 (2013) (winner of the 2011-12 SEALS Call for Papers).
- The Procedure of Election Law in Federal Courts, 2011 Utah Law Review 433.
- The Significance of the Shift Toward As-Applied Challenges in Election Law, 37 Hofstra Law Review 635 (2009).
- Is the Right to Vote Really Fundamental?, 18 Cornell Journal of Law and Public Policy 143 (2008).
- Lift Every Voice: The Urgency of Universal Civic Duty Voting, Universal Voting Working Group, Brookings Institution and The Ash Center for Democratic Governance and Innovation, Harvard Kennedy School (2020) (co-author of legal section and contributor to full report).
- The Case for Same-Day Voter Registration, The Justice Collaborative Institute, August 2020.
- REPORT: Age Discrimination In Voting At Home, Coalition of Voting Rights Organizations (2020) (co-author).
- 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).
Links
- SSRN
- Website
- Scholars@UK
- joshdouglas-cv-july-2024.docx (56.32 KB)