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Michael D. Gilbert

Professor of Law
Ph.D., University of California at Berkeley, 2008
J.D., University of California at Berkeley School of Law, 2005
B.S., Tulane University, 1999

Michael Gilbert joined the faculty in 2009. He teaches courses on legislation, election law, direct democracy, and judicial decision-making. His recent papers examine judicial independence, campaign finance disclosure, and the interpretation of ballot initiatives. Prior to joining the faculty Gilbert clerked for Judge William A. Fletcher on the U.S. Court of Appeals for the Ninth Circuit in San Francisco. He received his Ph.D. from the Jurisprudence and Social Policy Program at the University of California, Berkeley. He received his J.D. from Berkeley Law School, where he served as articles editor of the California Law Review. At Berkeley, he was an Olin Fellow in Law and Economics and the recipient of a grant from the National Science Foundation.

Website on SSRN

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"Insincere Rules," Va. L. Rev. (forthcoming 2016).

"The Coordination Fallacy,"
Fla. St. U.L. Rev. (forthcoming 2016) (with Brian Barnes, prepared for symposium titled "The Law of Democracy at a Crossroads: Reflecting on Fifty Years of Voting Rights and the Judicial Regulation of the Political Thicket," Mar. 27-28, 2015, Florida State University).

"The Problem of Voter Fraud,"
Colum. L. Rev. (forthcoming 2015).

"Disclosure and Corruption,"
Election L.J. (forthcoming 2015) (with Benjamin Aiken).

"Judicial Independence and Social Welfare," 112
Mich. L. Rev. 575 (2014).

"Campaign Finance Disclosure and the Information Tradeoff," 98 Iowa L. Rev. 1847 (2013).

"Interpreting Initiatives," 97 Minn. L. Rev. 1621 (2013) (prepared for symposium titled "A More Perfect Union? Democracy in the Age of Ballot Initiatives," Oct. 26, 2012, University of Minnesota).

"Disclosure, Credibility, and Speech," 27
J.L. & Pol. 627 (2012) (prepared for symposium titled "Disclosure, Anonymity, and the First Amendment," Oct. 29, 2011, University of Virginia).

"Does Law Matter? Theory and Evidence from Single Subject Adjudication," 40 J. Legal Stud. 333 (2011).
SSRN Abstract | PDF

"Direct Democracy, Courts, and Majority Will," 9 Election L.J. 211 (2010) (reviewing Kenneth P. Miller, Direct Democracy and the Courts).
SSRN Abstract | PDF

A Theory of Direct Democracy and the Single Subject Rule," 110 Colum. L. Rev. 687 (2010) (with Robert D. Cooter).

"Reply to Hasen and Matsusaka," 110 Colum. L. Rev. Sidebar 59 (2010) (with Robert D. Cooter).

"Less Can Be More: Conflicting Ballot Proposals and the Highest Vote Rule," 38 J. Legal Stud. 383 (2009) (with Joshua M. Levine).
SSRN Abstract | PDF

"Single Subject Rules and the Legislative Process," 67 U. Pitt. L. Rev. 803 (2006).

Website on SSRN

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  • Legislation
  • Regulation of the Political Process
  • Judicial Decision-Making
  • Direct Democracy

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