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Series

2020

William & Mary Law School

Election Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Recounts And Ballot Challenges In The 2020 Presidential Election: Legal Expert Provides Insights, Bruce Brumberg, Rebecca Green Nov 2020

Recounts And Ballot Challenges In The 2020 Presidential Election: Legal Expert Provides Insights, Bruce Brumberg, Rebecca Green

Popular Media

No abstract provided.


Those Who Can Vote Are Duty-Bound To Do So, A. Benjamin Spencer Oct 2020

Those Who Can Vote Are Duty-Bound To Do So, A. Benjamin Spencer

Popular Media

No abstract provided.


Liquidating Elector Discretion, Rebecca Green Jan 2020

Liquidating Elector Discretion, Rebecca Green

Faculty Publications

In Chiafalo et al. v. Washington, the US. Supreme Court determined that states may constitutionally remove or punish faithless electors. In support of its holding, the Court cited a 2014 case called National Labor Relations Board v. Noel Canning, which blessed a form of constitutional interpretation that looks to settled practice (or "liquidation," as James Madison called it) to resolve constitutional ambiguity. The Court agreed with petitioners that electors following the majority will of voters in their state is settled practice. This Article engages this assertion, suggesting that the question is more nuanced than the Court allowed. It …


How Many Votes Is Too Few?, Rebecca Green Jan 2020

How Many Votes Is Too Few?, Rebecca Green

Faculty Publications

No abstract provided.