Ned Foley
@Nedfoley
Professor & Director, Election Law at Ohio State
I've posted "'The Real Preference of the Voters': Madison's Idea of a Top-Three Election and The Present Necessity of Reform" (forthcoming Wisc L Rev), discussing a letter written by Madison the significance of which has not been previously appreciated. papers.ssrn.com/sol3/papers.cf…
Everyone concerned about the rule of law in the US right now should read this by @DebPearlstein : "The Law Is Not Fully Trump’s Yet" nytimes.com/2025/01/30/opi…
Condorcet Voting and the Cornyn-Paxton Race open.substack.com/pub/edwardbfol…
A cleaner, edited version of this paper is now available on SSRN; in reading it over, I think it's one of my more significant contributions: “The Real Preference of Voters”: Madison’s Idea of a Top-Three Election and The Present Necessity of Reform @SSRN papers.ssrn.com/sol3/papers.cf…
Just in time for March Madness: Bracket Voting. open.substack.com/pub/edwardbfol…

Aligning Election Law and Polarization with Professor Richard Pildes of ... youtu.be/l87BjrmddEc?si… via @YouTube @RickPildes @GaughanAnthonyJ @Nedfoley @OhioStateLJ #Election2024
The Senate Has Surrendered Its Constitutional Responsibilities open.substack.com/pub/edwardbfol…

Keep Condorcet in Consideration as an Electoral Reform Option: It’s wrong to argue that Condorcet Voting should be rejected entirely and everywhere. open.substack.com/pub/edwardbfol…

Democracy: A Journal of Ideas published an essay that draws upon the fellowship research of P*LAW Crane Faculty Fellow @Nedfoley . Read the full piece here 🔗: democracyjournal.org/arguments/shou… #PLAW #lawatprinceton
More evidence that nation’s Madisonian system, with its separation of powers, is in trouble: substack.com/@nedfoley/note…
Don’t Treat Trump as a Condorcet Winner. Post-inauguration, there continue to be misunderstandings of the election. open.substack.com/pub/edwardbfol…

Some thoughts on the current condition of Madisonian democracy that some might find useful as part of an effort to understand how the country arrived to where it is today: papers.ssrn.com/sol3/papers.cf… (long version) & edwardbfoley.substack.com/p/the-real-pre… (short version)

Did America's electorate vote for taking back the Panama Canal? To understand why our two-party electoral system leads to misinterpreting the extent of the mandate from a popular vote victory, here's an explanation: electionlawblog.org/?p=148245
"Should We Be Saying 'President Haley'?": The correct way to understand Trump’s popular vote victory is to understand that it represents a mandate to the extent, but only to the extent, that Nikki Haley would be pursuing the same agenda. open.substack.com/pub/edwardbfol…

Should We Be Saying “President Haley”? electionlawblog.org/?p=148245
If our electoral system worked, it would be President Haley: democracyjournal.org/arguments/shou…
“The Real Preference of the Voters”: in this essay I discuss Madison's letter that's essential to understand if we are to repair our currently broken Madisonian democracy. Discovering the significance of this letter has been gratifying scholarly work. open.substack.com/pub/edwardbfol…

Is PR the panacea? Proportional representation isn't reform that would work for Senate and presidential elections, both of which need reforming as much as House of Representatives elections. open.substack.com/pub/edwardbfol…

The threat of being primaried isn't purely ideological; it's about enforcing loyalty to the leader of the MAGA party: "Trump threatens primary against Texas conservative Chip Roy" thehill.com/homenews/campa…