Spencer Overton, Political Law, 81 Geo. Wash. L. Rev. 1783 (2013).
Abstract: Traditional “election law” or “the law of democracy” concentrated largely on constitutional analysis by judicial actors. That narrow focus, however, distorted scholars’ understanding of the problems confronting democracy and possible solutions. This Foreword proposes that the field should be understood more properly as “political law,” which includes the study of the activities not only of judges but also of policymakers, regulators, and practitioners. The Foreword also examines the concept of “political law community” — a concentration of scholars, judges, policymakers, regulators, and practitioners interested in the subject that can give rise to innovation and creativity. Finally, the Foreword reviews the George Washington University Law School’s Political Law Symposium, which brought together a diverse group in an attempt both to advance political law as a field and to build political law community.
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