Michael T. Morley

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Michael Morley

Michael T. Morley

Position
Sheila M. McDevitt Professor
Contact Information

Florida State University
College of Law
Main Classroom Building, Room 313
Phone: 850.644.2579
mmorley@law.fsu.edu

Education

J.D., Yale University, 2003
A.B., Princeton University, 2000

Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. His research focuses on election emergencies, the constitutional right to vote, and the Electoral Count Act, as well as the equitable powers of the federal courts.  He is an elected member of the American Law Institute and serves as an advisor for the ALI’s Restatement of Torts: Remedies project.  Professor Morley is a member of the Florida Advisory Committee for the U.S. Commission on Civil Rights, and was the 2021 Chair of the AALS Section on Election Law.  He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission, and participated in bipartisan blue-ribbon groups to develop election reforms. The Governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force to propose potential revisions to the legislature.  

Professor Morley’s work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Virginia Law Review, and Northwestern University Law Review. The U.S. Supreme Court has cited Professor Morley’s articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in The Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News & World Report, and a wide range of other national publications. 

Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer on Law at Harvard Law School. Prior to his experience in academia, he served in government as Special Assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Critical Motions & Appeals group of Winston & Strawn, LLP, both in Washington, D.C. 

Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.

 

Select Recent and Forthcoming Publications

Election Emergencies: Voting in Pandemics from the Spanish Flu to COVID-19, ___ Wash. & Lee L. Rev. ____ (forthcoming 2022) 

Erroneous Injunctions, __ Emory L.J. __ (forthcoming 2022)

Election Emergencies, in Oxford Handbook of American Election Law (Oxford Univ. Press) (forthcoming 2022)

Floor Fight: Protecting the Presidential Nomination Process from Last-Minute Manipulation of the Rules for National Party Conventions, in The Best Candidate: Presidential Nominations in Polarized Times (Eugene Mazo & Michael Dimino, editors) (Cambridge University Press 2020)

The Independent State Legislature Doctrine, 90 Fordham L. Rev. 501 (2021)

Interpreting Injunctions (with F. Andrew Hessick), 107 Va L. Rev.  1059 (2021)

The Framers’ Inadvertent Gift: The Electoral College and the Constitutional Infirmities of the National Popular Vote Compact, 15 Harv. L. & Pol’y Rev. 81 (2021)

Vertical Stare Decisis and Three-Judge District Courts, 108 Geo. L.J. 699 (2020)

Book Review, Litigating Imperfect Solutions: State Constitutions in Federal Court, 35 Const. Comm. 401 (2020)

Disaggregating the History of Nationwide Injunctions: A Response to Professor Sohoni, 72 Ala. L. Rev. 239 (2020)

Bush v. Gore’s Uniformity Principle and the Equal Protection Right to Vote, 28 Geo. Mason L. Rev. 229 (2020)

The Independent State Legislature Doctrine, Federal Elections, and State Constitutions, 55 Ga. L. Rev. 1 (2020)

The Enforcement Act of 1870, Federal Jurisdiction over Election Contests, and the Political Question Doctrine, 72 Fla. L. Rev. 1153 (2020)

Postponing Federal Elections Due to Election Emergencies, 77 Wash. & Lee L. Rev. Online 179 (2020)

Disaggregating Nationwide Injunctions, 71 Ala. L. Rev. 1 (2020)

Book Review, Republicans and the Voting Rights Act, 54 Tulsa L. Rev. 281 (2019)

Beyond the Elements: Erie and the Standards for Preliminary and Permanent Injunctions, 52 Akron L. Rev. 457 (2019)

Prophylactic Redistricting? Congress’s Section 5 Power and the New Equal Protection Right to Vote, 59 Wm. & Mary L. Rev. 2053 (2018)

Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks, 67 Emory L.J. 545 (2018)

Spokeo: The Quasi-Hohfeldian Plaintiff and the Non-Federal Federal Question, 25 Geo. Mason L. Rev. 583 (2018)

The Federal Equity Power, 59 B.C. L. Rev. 217 (2018)

The Disparate Impact Canon, 166 U. Penn. L. Rev. Online 249 (2018)