ELECTION 2000 FORUM
CRAIG J. ALBERT
THE COMING WARS IN (NAME YOUR STATE)
FindLaw contributor and Seton Hall law professor Craig Albert extrapolates from James Baker's, and the Florida legislature's, suggestion that state legislatures can disregard their state's election results when appointing electors. If taken seriously, Professor Albert suggests, this could lead to a nationwide chain reaction that would pit state legislators against their own citizens or governors. In the end, might could make right -- for the pivotal vote might be Jesse Ventura.
Saturday, Dec. 02, 2000
HOW TO END THE ELECTION STALEMATE? WITH A BUSH-LIEBERMAN ADMINISTRATION
FindLaw contributor and Seton Hall law professor Craig Albert suggests a novel solution to the election debacle. Albert explains why the Constitution's electoral college system could result in the election of Bush as President and Lieberman as Vice-President, and then contends that this compromise result might be the best of all possible worlds.
Friday, Nov. 17, 2000
NEIL H. BUCHANAN
IS YOUR VOTE A CONTRACT WITH THE GOVERNMENT?
FindLaw contributor, economics Ph.D., and Michigan law student Neil H. Buchanan offers a novel interpretation of the Supreme Court's election decision -- contending that the principle implicit behind Chief Justice Rehnquist's concurrence (joined by Justices Scalia and Thomas) is contract formalism. Buchanan suggests that the concurring Justices believe that voting instructions create a sort of contract between the voter and the government, which should be rigidly enforced, and explains the problems with this sort of formalism, both in contract law and voting.
Tuesday, Dec. 19, 2000
ANDREW WENDER COHEN
THE CLOSE WINNER'S CURSE
FindLaw contributor, legal historian, and Syracuse professor Andrew Wender Cohen examines the likely fate of the candidate who ultimately wins the Presidential elections. As Professor Cohen explains, winners of close elections like this one have historically fallen into three categories -- Sinkers, Victims, and Champs. And the Champs (re-elected to a second term) have been few and far between.
Monday, Dec. 04, 2000
R. TED CRUZ
A SUMMARY OF THE BRIEF FILED BY GOVERNOR BUSH
FindLaw contributor, attorney, and Bush Domestic Policy Advisor R. Ted Cruz worked on Governor Bush's brief to the U.S. Supreme Court, arguing that the Florida Supreme Court's decision concerning the manual recount deadline should be reversed. In this piece, he explains the main arguments set forth in the brief.
Friday, Dec. 01, 2000
THE COURT'S "GORE EXCEPTION" (A.K.A. THE FAMOUS Q&A E-MAIL)
FindLaw contributor and attorney Mark Levine started a chain reaction when he sent this Q&A e-mail to his close friends and family -- only to find, soon afterwards, that it had been forwarded to so many people that it had touched 40 states and several foreign countries, and inspired over 2000 e-mail responses. We reproduce Mr. Levine's e-mail -- a plain-language, witty, and unabashedly pro-Gore Q&A about the Supreme Court decision that ended the election -- for you here.
Monday, Dec. 18, 2000
THE TWELVTH AMENDMENT: HOW AN OBSCURE CONSTITUTIONAL PROVISION PUT DICK CHENEY ON AN AIRPLANE
FindLaw Contributor Sanford Levinson discusses how, because of the Twelfth Amendment, Republican vice-presidential nominee Dick Cheney had to register to vote in his former home state of Wisconsin. Levinson also warns that this obscure constitutional provision could be a timebomb waiting to happen, should a presidential election ever deadlock in the Electoral College.
Wednesday, Aug. 16, 2000
NEAL KUMAR KATYAL
A SUMMARY OF THE BRIEF FILED BY VICE PRESIDENT GORE
FindLaw contributor and Georgetown law professor Neal Katyal worked on Vice President Gore's brief to the U.S. Supreme Court, arguing that the Florida Supreme Court's decision concerning the manual recount deadline should be upheld. In this piece, Professor Katyal explains the main arguments set forth in the brief.
Friday, Dec. 01, 2000
FLORIDA'S ELECTION DAY VOTE COULD BE IRRELEVANT
Many commentators have projected that the Florida election conflict may wind up in the courts after the recount concludes. Not so. Georgetown law Professor Neal Katyal explains why, pursuant to a federal statute, it is actually the Florida legislature, not the courts, that should have the first crack at addressing widely-reported allegations of fraud and confusion in the Florida elections.
Thursday, Nov. 09, 2000
"GET THIS ELECTION RATIFIED": THE FLORIDA LEGISLATURE SHOULD ACT
FindLaw contributor and Catholic University law professor Victor Williams examines Governor Bush's plea to "get this election ratified" in the context of constitutional text and history. He concludes that the Florida legislature's slating Bush electors -- as it has indicated in its special session that it will do -- would properly ratify the vote certified by the Secretary of State, and would be authorized within our Constitutional scheme.
Monday, Dec. 11, 2000
THIS WEEK'S ELEVENTH CIRCUIT BATTLE
FindLaw contributor and Catholic University law professor Victor Williams discusses the constitutional issues the Eleventh Circuit will consider this week, in deciding Governor's Bush's franchise equality challenge to the Florida manual recounts, and argues that Bush should prevail.
Tuesday, Dec. 05, 2000
IT'S TIME TO TAKE OUR ELECTION BACK FROM LAWYERS AND JUDGES - PART I & PART II
In a two-part look at our unresolved Presidential election, Catholic University law professor and FindLaw contributor Victor Williams urges the Florida legislature to put an end to this current debacle. He also reflects upon what may happen if, under our current Presidential election system, the decision of who becomes our next president moves to the House and the Senate.
Nov. 23-24, 2000