Spencer

Douglas Spencer

Affiliations
Professor of Law & Public Policy, University of Connecticut
Areas of Expertise:
  • Law & Courts
  • Revitalizing U.S. Democracy
  • Voting

Connect with Douglas

About Douglas

Spencer is a trained political scientist and a lawyer. His research emphasizes the importance of using empirical evidence to judge campaign finance, voting rights, and election administration cases in the courts. His writing specifically aims to demystify statistics and to show how basic concepts of research design can improve the development of election law rules and the way they are judged.

Spencer has worked as an expert witness in voting rights and campaign finance cases, worked as a law clerk at the Lawyers’ Committee for Civil Rights in San Francisco, and served as an election monitor in Thailand for the Asian Network for Free Elections. He also worked as a researcher for the Pew Center on the States’ Military and Overseas Voting Reform Project.

Briefs

Publications

"Citizens United States Divided: An Empirical Analysis of Independent Political Spending" (with Abby Wood). Indiana Law Journal 89, no. 1 (2014): 315-372.

Explores the impact of Citizens United on political spending, and finds that while independent expenditures increased across all states afterwards, the increase was more than twice as large in states whose bans on corporation and union spending were invalidated by the Supreme Court's decision.

"In the Shadows of Sunlight: The Effects of Transparency on State Political Campaigns" (with Abby Wood). Election Law Journal 15, no. 4 (2016): 302-329.

Finds that speech-chilling effects of disclosure requirements are negligible, and that, on average, less than one donor per candidate is likely to stop contributing with the visibility of campaign contribution increases.

"The Geography of Racial Stereotyping: Evidence and Implications for VRA “Preclearance” after Shelby County" (with Christopher S. Elmendorf). California Law Review 102, no. 5 (2014): 1123-1180.

Proposes a new, legally defensible approach to coverage base on between-sate differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly.

"Administering Section 2 of the Voting Rights Act after Shelby County" (with Christopher Elmendorf). Columbia Law Review 115, no. 8 (2015): 2143-2218.

Lays out a path for the courts, in partnership with the Department of Justice, to reform Section 2 of the VRA so that it fills much of the gap by the Supreme Court's evisceration of Section 5, presuming Congress does not reinstate a preclearance coverage formula. Argues that by adopting evidentiary presumptions whose application in any given case would be determined using national survey data and a common statistical model, the courts could greatly reduce the cost and uncertainty of Section 2 litigation.

In the News

Douglas Spencer quoted in Sean Illing, "Did Rudy Giuliani Just Get Trump in Legal Trouble? I Asked 11 Legal Experts." Vox, May 3, 2018.
"Fears Over Impact of Citizens United May be Misplaced," Douglas Spencer (with Abby Wood), London School of Economics USApp Blog, January 27, 2014.
"Are the Covered States ‘More Racist’ than Other States?," Douglas Spencer (with Christopher Elmendorf), Election Law Blog, March 4, 2013.
"How to Save the Voting Rights Act: Here’s the Best Option for Congress," Douglas Spencer (with Christopher Elmendorf), Slate, July 17, 2013.
"Affirmative Action Setback in the Supreme Court Could be a Boost to Voting Rights," Douglas Spencer (with Christopher Elmendorf), The New Republic, April 29, 2014.