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Articles 1 - 14 of 14
Full-Text Articles in Law
The Law Of Presidential Transitions And The 2000 Election, Todd J. Zjwicki
The Law Of Presidential Transitions And The 2000 Election, Todd J. Zjwicki
BYU Law Review
No abstract provided.
The Politics Of Bush V. Gore, Evan Tsen Lee
The Politics Of Bush V. Gore, Evan Tsen Lee
The Journal of Appellate Practice and Process
Critical Legal Studies ("the Crits") burst onto the law school scene in the mid-1970s. The Crits believe that "all law is politics." The Crits lost their momentum by the 1990s. The case Bush v. Gore has forced many to believe that all law is in fact politics.
The Origins And Constitutionality Of State Unit Voting In The Electoral College, Matthew J. Festa
The Origins And Constitutionality Of State Unit Voting In The Electoral College, Matthew J. Festa
Vanderbilt Law Review
On November 1, 2000, a Joint Resolution was introduced in Congress proposing a constitutional amendment to change the Article II system of electing the President and Vice President' by abolishing the Electoral College. Acknowledging the fact that "there have been more congressionally proposed constitutional amendments on this subject than any other," the sponsoring Senator noted that the issue "could become supremely important in a few days," because "we have the possibility that the winning candidate for President might not win the popular vote in our country.' One prominent legal scholar has described the mere possibility of such an event as …
"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann
"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann
Indiana Law Journal
No abstract provided.
Beyond Counting Votes: The Political Economy Of Bush V. Gore, Michael Abramowicz, Maxwell L. Stearns
Beyond Counting Votes: The Political Economy Of Bush V. Gore, Michael Abramowicz, Maxwell L. Stearns
Vanderbilt Law Review
Journalists covering the 2000 presidential election controversy have had little trouble reconstructing the events of virtually every stage of the post-election process, reporting even privileged conversations among the candidates' lawyers. Yet one critical stage of the process remains shrouded in mystery: the behind-the-scenes events at the Supreme Court, which led to its decision in Bush v. Gore. Investigative reporting has produced only a few suggestive details. The Court has long insisted that it speaks through its opinions, and indeed the Court has left the public with only the Justices' statements at oral argument, and the various opinions themselves, from which …
Threading The Needle: Resolving The Impasse Between Equal Protection And Section 5 Of The Voting Rights Act, Lindsay R. Errickson
Threading The Needle: Resolving The Impasse Between Equal Protection And Section 5 Of The Voting Rights Act, Lindsay R. Errickson
Vanderbilt Law Review
When it comes to legislative reapportionment, the Peach State is in a pickle. Consider this: the results of the 1990 census entitled Georgia to an additional representative in the United States Congress, bringing the state's total number of seats to eleven.' In order to comply with the Voting Rights Act of 1965 (the "Voting Rights Act"), the state's legislative district map was re- drawn three times during the 1990s before the legal battle over redistricting finally ground to a halt in 1997. Barely giving the state's General Assembly and the federal courts a chance to catch their collective breath, the …
The Very Faithless Elector, Vasan Kesavan
The Very Faithless Elector, Vasan Kesavan
West Virginia Law Review
No abstract provided.
Judicial Jabberwocky In The Presidential Election 2000: When Law And Facts Collide With Politics, Theresa H. Hammond
Judicial Jabberwocky In The Presidential Election 2000: When Law And Facts Collide With Politics, Theresa H. Hammond
Mercer Law Review
Long before the United States Constitution was ratified, Americans displayed a deep skepticism of the judiciary. Codification of extremely detailed and complex laws was the palliate to judicial activism. People believed that if the laws were all published and readily accessible, judges would have less ability to substitute their own personal values and predilections for the will of the people, established through the legislation promulgated by their chosen representatives. Hamilton's first essay on the judiciary assured New Yorkers that "the judiciary is beyond comparison the weakest of the three departments of power" and that "the liberty of the people can …
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
Michigan Law Review
The day after the Supreme Court's decision in Bush v. Gore, a colleague who specializes in tax law approached me with mock sympathy. "It must be very discouraging trying to teach constitutional law," he said, "when it's so obviously made up." This view of the Court's decision remains widely held, at least within the academy and among those who did not vote for President Bush. Unlike many of my fellow Democrats and academic colleagues, however, I see no reason to question the motives of the majority (or dissenting) Justices in Bush v. Gore. I certainly do not think that the …
Morgan Kousser's Noble Dream, Heather K. Gerken
Morgan Kousser's Noble Dream, Heather K. Gerken
Michigan Law Review
J. Morgan Kousser, professor of history and social science at the California Institute of Technology, is an unusual academic. He enjoys the respect of two quite different groups - historians and civil rights litigators. As a historian, Kousser has written a number of important works on the American South in the tradition of his mentor, C. Vann Woodward, including a foundational book on southern political history, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910. Many of his writings have become seminal texts among election law scholars. Kousser has also used his historical skills …
Editor's Note, Padraig O'Malley
Editor's Note, Padraig O'Malley
New England Journal of Public Policy
The editor speaks about the political unrest with the 2000 presidential election. He also speaks about the war in Angola. He speaks about the civi duty we have to mankind across the globe and the government's influence on other countries.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Election Law, Christopher R. Nolen
Annual Survey Of Virginia Law: Election Law, Christopher R. Nolen
University of Richmond Law Review
Depending on your perspective or partisan persuasion, the 2000 presidential election was either an overwhelming triumph of the American electoral system or an abysmal example of justice. Regardless, the recount in Florida caught the attention of the citizens of the nation, and in particular, the legislators in many states. The question, "could 'Florida' happen here?" prompted many in the Virginia General Assembly to cast a scrutinizing eye upon the Commonwealth's election laws. As a result, over one hundred legislative bills and resolutions were introduced in the 2001 Regular Session.' This article surveys the developments in Virginia's election laws from June …
Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker
Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker
Oklahoma Law Review
No abstract provided.