Michael T. Morley
Michael T. Morley
Florida State University
College of Law
Roberts Hall, Room 313
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. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. 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.
The U.S. Supreme Court has cited several of his 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 and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in 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 Supreme Court & Appellate 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 (work-in-progress)
Partisan Gerrymandering and State Constitutions, ____ Ga. L. Rev. ____ (forthcoming 2020).
Election Litigation, the Enforcement Act of 1870, and the Political Question Doctrine in Federal Elections, ___ Fla. L. Rev. ___ (forthcoming 2020).
The Framers’ Inadvertent Gift: The Electoral College and the Constitutional Infirmities of the National Popular Vote Compact, ____ Harv. L. & Pol’y Rev. ____ (forthcoming 2020)
Book Review, Litigating Imperfect Solutions: State Constitutions in Federal Court, ___ Const. Comm. ____ (forthcoming 2020)
Book Chapter, 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, eds., Cambridge Univ. Press forthcoming 2020).
Vertical Stare Decisis and Three-Judge District Courts, 108 Geo. L.J. 699 (2020)
Disaggregating Nationwide Injunctions, 79 Ala. L. Rev. 1 (2020)
Spokeo: The Quasi-Hohfeldian Plaintiff and the Non-Federal Federal Question, 25 Geo. Mason L. Rev. 583 (2018)
Book Review, Republicans and the Voting Rights Act, 54 Tulsa L. Rev. 281 (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)
The Federal Equity Power, 59 B.C. L. Rev. 217 (2018)
Nationwide Injunctions, Rule 23(b)(2), and the Remedial Powers of the Lower Courts, 97 B.U. L. Rev. 615 (2016)
Dismantling the Unitary Electoral System? Uncooperative Federalism in State and Local Elections, 111 Nw. U. L. Rev. Online 103 (2016)
De Facto Class Actions? Plaintiff- and Defendant-Oriented Injunctions in Election Law, Voting Rights and Other Constitutional Cases, 39 Harv. J.L. & Pub. Pol’y 487 (2016)
The New Elections Clause, 91 Notre Dame L. Rev. Online 79 (2016)