The Longest Night

by Jacobson, Arthur; Rosenfeld, Michel

• ISBN13: 9780520235496
• ISBN10: 0520235495
• Format: Paperback
• Copyright: 2002-10-01
• Publisher: Univ of California Pr

Summary

22 essays on the contreversial 2000 presidential election, some from participants, some from contemporaneous observers, some from people who have analyzed the record afterwards. About equal division between those who think the electoral and legal processes worked properly and gave satisfactory results, and those who are critical. 5 are views from abroad.

Author Biography

Arthur J. Jacobson is Max Freund Professor of Litigation and Advocacy at the Benjamin N. Cardozo School of Law, Yeshiva University Michel Rosenfeld is Justice Sydney L. Robins Professor of Human Rights at the Benjamin N. Cardozo School of Law

Table of Contents

Acknowledgments	xi
Introduction	1	(21)
Arthur J. Jacobson
Michel Rosenfeld
Cast and Chronology	22	(25)
PART I. IN THE HEAT OF THE BATTLE
Equal Protection for Votes	47	(3)
Henry E. Brady
Law and Data: The Butterfly Ballot Episode	50	(19)
Henry E. Brady
Michael C. Herron
Walter R. Mebane Jr.
Jasjeet Singh Sekhon
Kenneth W. Shotts
Jonathan Wand
PART II. THE MACHINERY OF DEMOCRACY IN AMERICA
Disputing Elections	69	(20)
Richard H. Pildes
PART III. THE DECISIONS
A Badly Flawed Election	89	(11)
Ronald Dworkin
Exchange between Ronald Dworkin and Charles Fried	100	(11)
Bush v. Gore: Three Strikes for the Constitution, the Court, and Democracy, but There Is Always Next Season	111	(33)
Michel Rosenfeld
The Unbearable Rightness of Bush v. Gore	144	(45)
Nelson Lund
The Ghostwriters	189	(23)
Arthur J. Jacobson
Notes for the Unpublished Supplemental Separate Opinions in Bush v. Gore	212	(15)
Burt Neuborne
PART IV. AMERICAN PERSPECTIVES
Anatomy of a Constitutional Coup	227	(9)
Bruce Ackerman
The Many Faces of Bush v. Gore	236	(14)
George P. Fletcher
Springtime for Rousseau	250	(6)
Richard Brookhiser
Machiavelli in Robes? The Court in the Election	256	(23)
Frank I. Michelman
PART V. FOREIGN PERSPECTIVES
A Flawed yet Resilient System: A View from Jerusalem	279	(16)
Shlomo Avineri
Constitutional Council Review of Presidential Elections in France and a French Judicial Perspective on Bush v. Gore	295	(23)
Noelle Lenoir
Seven Reasons Why Bush v. Gore Would Have Been Unlikely in Germany	318	(4)
Dieter Grimm
Bush v. Gore: A View from Italy	322	(10)
Pasquale Pasquino
Democracy in America: A European Perspective on the Millennial Election	332	(15)
Mattias Kumm
PART VI. REFORM?
Weighing the Alternatives: Reform or Deform?	347	(14)
Judith Best
The Electoral College: A Fatally Flawed Institution	361	(10)
Lawrence D. Longley
The Electoral College: A Modest Contribution	371	(20)
Keith E. Whittington
Popular Election of the President without a Constitutional Amendment	391	(6)
Robert W. Bennett
List of Contributors	397	(4)
Index	401