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Presidential Elections and Majority Rule
In his latest book, Presidential Elections and Majority Rule, Edward Foley asks how the American electoral system can better represent the people. What kind of winner truly reflects the nation's votes: the plurality winners of winner-takes-all elections, as currently used, or the majority-preferred winners of a reformed system? How do third-party candidates affect American presidential elections? What, if anything, would change in a two-candidate run-off?And how can electoral reform be implemented without sowing chaos? Ultimately, Foley outlines a solution in which the Electoral College can be restored to its original majoritarian ideals through state law rather than Constitutional amendment.
Ballot Battles
The 2000 presidential race resulted in the highest-profile ballot battle in over a century. But it is far from the only American election determined by a handful of votes and marred by claims of fraud. Since the founding of the nation, violence frequently erupted as the votes were being counted, and more than a few elections produced manifestly unfair results. Despite America's claim to be the world's greatest democracy, its adherence to the basic tenets of democratic elections-the ability to count ballots accurately and fairly even when the stakes are high-has always been shaky. A rigged gubernatorial election in New York in 1792 nearly ended in calls for another revolution, and an 1899 gub...
Ballot Battles
"The 2000 presidential election, with its problems in Florida, was not the first major vote-counting controversy in the nation's history--nor the last. Ballot Battles traces the evolution of America's experience with these disputes, from 1776 to now, explaining why they have proved persistently troublesome and offering an institutional solution"--
Election Law and Litigation
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Election Law and Litigation: The Judicial Regulation of Politics
Principles of the Law, Election Administration: Non-Precinct Voting and Resolution of Ballot-Counting Disputes
Election administration is essential to the proper functioning of our democracy. The American Law Institute’s first Principles in this area focuses on two areas of great importance: non-precinct voting and the resolution of disputed elections. Part I provides principles for use by jurisdictions that wish to use absentee-voting or early-voting options as a supplement to in-person precinct-based voting on Election Day. Part II concerns principles applicable to disputed elections generally, while Part III specifically concerns procedures necessary for disputed presidential elections given their uniquely challenging scheduling constraints.
The Best Candidate
Leading scholars examine the law governing the American presidential nomination process and offer practical ideas for reform.
Gatekeeping Vs. Balancing in the Constitutional Law of Elections
This Essay examines the methodological upheaval created by the quartet of constitutional election law cases decided during October Term 2007. Prior to this Term, the ascendant analytic approach called for a threshold characterization of the burden on the plaintiff's rights, which characterization determined whether the court would apply strict scrutiny or lax, rational-basis-like review. The characterization was generally formal in nature. But in light of the Supreme Court's latest decisions, it is now open to a lower court adjudicating a First Amendment or Equal Protection challenge to an election law - absent a Supreme Court precedent squarely on point - (1) to engage in unmediated, all-th...
The Voting Wars
In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the election rested on Florida's 25 electoral votes, and legal wrangling continued for 36 days. Then, abruptly, one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore, cut short the battle. Since the Florida debacle we have witnessed a partisan war over election rules. Election litigation has skyrocketed, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy "armies of lawyers" and the partisan press revs up when elections are expected to be close and the stakes are high.
Election Law Stories
Softbound - New, softbound print book.
