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Full-Text Articles in Law
Were There Adequate State Grounds In Bush V. Gore?, Michael L. Wells
Were There Adequate State Grounds In Bush V. Gore?, Michael L. Wells
Scholarly Works
Few Supreme Court decisions provoke the immediate and intensely negative verdict that law professors passed on Bush v. Gore. Some of the criticism is deserved. Others have questioned whether the ruling rests on any general principle at all, given the care the Court took to limit its reasoning to the extraordinary circumstances of the Florida presidential election.
It is all too easy to leap from this well-founded critique of the Court's reasoning to the conclusion that the majority – all of whom were appointed by Republican presidents – were bent on installing George W. Bush in the White House by …
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Cook V. Gralike: Easy Cases And Structural Reasoning, Vicki C. Jackson
Cook V. Gralike: Easy Cases And Structural Reasoning, Vicki C. Jackson
Georgetown Law Faculty Publications and Other Works
In Cook v Gralike, the Court - unanimous as to result - struck down a Missouri initiative amending the state constitution to require that the failure of candidates for U.S. Congress to support a particular term-limits amendment to the United States Constitution be noted on the ballot. In an opinion joined by seven Justices, the Court held that the Missouri law exceeded the scope of states' powers to regulate the "time, place and manner" of holding congressional elections . . . The opinions are analyzed preliminarily in Part I. Part II below suggests that even if there were no Elections …
'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman
'Bush' V. 'Gore': What Was The Supreme Court Thinking?, Richard D. Friedman
Articles
One of the most astonishing episodes in American political history ended last month with perhaps the most imperial decision ever by the United States Supreme Court. In one stroke, the Court exercised power that belonged to Congress, the legislature of Florida, Florida's courts and administrators, and, most importantly, the people of the state.