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Katz, Ellen D.

Ralph W. Aigler Professor of Law

922 Legal Research
734.647.6241
E-mail ekatz@umich.edu
Ellen D. Katz, the Ralph W. Aigler Professor of Law, writes and teaches about election law, civil rights and remedies, and equal protection. Her scholarship addresses questions of minority representation, political equality, and the role of institutions in crafting and implementing anti-discrimination laws. Prof. Katz has published numerous articles including an influential empirical study of litigation under the Voting Rights Act. Prior to joining the Michigan faculty, Prof. Katz practiced as an attorney with the appellate sections of the U.S. Department of Justice's Civil Division and its Environment and Natural Resources Division. She was a judicial clerk for Justice David H. Souter of the U.S. Supreme Court and for the Hon. Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit. She earned her JD in 1994 from Yale Law School, where she served as articles editor of the Yale Law Journal. She graduated summa cum laude from Yale College in 1991 with a BA in history.

Recent Publications

More Publications...


​"Justice Ginsburg's Umbrella." In A Nation of Widening Opportunities? The Civil Rights Act at Fifty, edited by S. R. Bagenstos and E. D. Katz. Ann Arbor, MI: University of Michigan Press, Forthcoming, 2014.
Full Text: SSRN

"Hobby Lobby and the Pathology of Citizens United." Duke J. Const. L. & Pub. Pol'y 9 (Forthcoming, 2014): 23-36.​
Full Text: SSRN

​"Enforcing the Fifteenth Amendment." In The Oxford Handbook on the U.S. Constitution, edited by M. Tushnet, S. Levinson, and M. Graber. Oxford University Press, Forthcoming, 2014.​​

​Co-editor. A Nation of Widening Opportunities? The Civil Rights Act at Fifty. S. R. Bagenstos, co-editor. Ann Arbor, MI: University of Michigan Press, Forthcoming, 2014.

​"Dismissing Deterrence."  Harv. L. Rev. F. 127, no. 6 (April 14, 2014): 248-52.
Full Text: WWW

"Election Law's Lochnerian Turn." B. U. L. Rev. 94, no. 3 (2014): 697-709.​
Full Text: MLaw Repository | SSRN | HEIN (UMich users) | HEIN

​"What Was Wrong with the Record?" Election L. J. 12, no. 3 (2013): 329-31.
Full Text: Westlaw | WWW

​"How big is Shelby County?" SCOTUSblog, Supreme Court of the United States, June 25, 2013.
Full Text: WWW

"A Cure Worse than the Disease?" Yale L. J. Online 123 (2013): 117-29.
Full Text: MLaw Repository |WWW

"Shelby County v. Holder: Why Section 2 Matters." Law Quad. Notes56, no. 1 (2013): 52-3. (Originally published under the same title in SCOTUSblog. February 15, 2013)
Full Text: WWW

​"Grutter's Denouement: Three Templates from the Roberts Court." Nw. U. L. Rev. 107, no. 2 (2013): 1045-55. (Originally published under the same title in Nw. U. L. Rev. Colloquy (October 7, 2012): 140-50.)
Full Text: WWW

"South Carolina's 'Evolutionary Process.'" Columbia Law Review Sidebar 113 (2013): 55-65.
Full Text: WWW

"Post-Argument Commentary: Dismissing Deference." SCOTUSblog, Supreme Court of the United States, Feburary 28, 2013.
Full Text: WWW

​"Shelby County v. Holder: Why Section 2 matters."SCOTUSblog, Supreme Court of the United States, February 15, 2013.
Full Text: WWW

 "On Overreaching, or Why Rick Perry May Save the Voting Rights Act but Destroy Affirmative Action." Election L. J. 11, no. 4 (2012): 420-30.

"Grutter's Denouement: Three Templates from the Roberts Court." Nw. U. L. Rev. Colloquy 107 (2012): 140-50.
Full Text: WestlawWWW

"Democrats at DOJ: Why Partisan Use of the Voting Rights Act Might Not Be So Bad After All." Stan. L. & Pol'y Rev. 23, no. 2 (2012): 415-30.
Full Text: MLaw Repository |SSRN | HEIN (UMich users) | HEIN | Westlaw

"Engineering the Endgame." Mich L. Rev. 109, no. 3 (2010): 349-86.
Full Text: SSRN | HEIN (UMich users) | HEIN | Westlaw | WWW

"Withdrawal: The Roberts Court and the Retreat from Election Law." Minn. L. Rev. 93, no. 5 (2009): 1615-43.
Full Text: MLaw Repository |SSRN | HEIN (UMich users) | HEIN | Westlaw

"From Bush v. Gore to NAMUDNO: A Response to Professor Amar." Fla. L. Rev. 61, no. 5 (2009): 991-1000.
Full Text: SSRN | HEIN (UMich users) | HEIN | Westlaw

"Barack Obama, Margarita Lopez Torres, and the Path to Nomination." Election L.J. 8, no. 4 (2009): 369-81.
Full Text: Westlaw | MAL Online (UMich users) | MAL Online
Professor

Activities

Panelist, Litigating Constitutional Change session, 2014 Rothgerber Conference on Constitutional Law, University of Colorado Law School, Boulder, Colorado, October 2014. ​

Participated in the discussion, "The Voting Rights Act: Impact and Outlook Following Shelby County v. Holder," 2013 Sidley Diversity Dialogues, Washington, D.C., July 2013.

Panelist, "A Look at Shelby County: The Future of the Voting Rights Act," Michigan Chapter of the American Constitution Society, Detroit, February 2013.

Participating as amici curiare in support of Respondents in Shelby County v. Holder, February 2013.

Presented "Waning Resistance to Federal Anti-Discrimination Law" at Reconstruction Amendments Roundtable, Notre Dame Law School, March 2012.

Presented "Democrats at DOJ," Redistricting, Race, and Representation Symposium, Stanford Law School, Stanford, California, January 2012.

Presented "Democrats ad DOJ," Major Trends in Redistricting Symposium, Baldy Center for Law and Social Policy, SUNY Buffalo, October 2011.

Presented "From Pandering to Shirking: State and Local Support for Federal Anti-Discrimination Law," Cornell University Law School, February 2011.

Participated in a roundtable discussion and presented "Two Approaches to Minority Representation," Challenges to Democracy in Divided Societies Roundtable, Duke University School of Law, January 2011.

 
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