Jacobson / Rosenfeld The Longest Night

Polemics and Perspectives on Election 2000
1. Auflage 2002
ISBN: 978-0-520-92933-3
Verlag: University of California Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 428 Seiten

The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court.
The Longest Night presents a lively and informed reaction to the legal aftermath of the election by the most prominent experts on the subject. With a balance of opposing views—including those of some of the most distinguished foreign commentators writing on the subject today—the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future.


The Longest Night contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in
Bush v. Gore, American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law.


Contributors

Autoren/Hrsg.

Jacobson, Arthur

Rosenfeld, Michel

Inhaltsverzeichnis

Acknowledgments

Introduction

Arthur J. Jacobson and Michel Rosenfeld

Cast and Chronology


Part 1. In the Heat of the Battle

1. Equal Protection for Votes

Henry E. Brady

2. Law and Data: The Butterfly Ballot Episode

Henry E. Brady, Michael C. Herron, Walter R. Mebane Jr., Jasjeet Singh Sekhon, Kenneth W. Shotts, and Jonathan Wand


Part 2. The Machinery of Democracy in America

3. Disputing Elections

Richard H. Pildes


Part 3. The Decisions

4. A Badly Flawed Election

Ronald Dworkin

5. Exchange between Ronald Dworkin and Charles Fried

6. Bush v. Gore: Three Strikes for the Constitution, the Court, and Democracy, but There Is Always Next Season

Michel Rosenfeld

7. The Unbearable Rightness of Bush v. Gore

Nelson Lund

8. The Ghostwriters

Arthur J. Jacobson

9. Notes for the Unpublished Supplemental Separate Opinions in Bush v. Gore

Burt Neuborne


Part 4. American Perspectives

10. Anatomy of a Constitutional Coup

Bruce Ackerman

11. The Many Faces of Bush v. Gore

George P. Fletcher

12. Springtime for Rousseau

Richard Brookhiser

13. Machiavelli in Robes? The Court in the Election

Frank I. Michelman


Part 5. Foreign Perspectives

14. A Flawed yet Resilient System: A View from Jerusalem

Shlomo Avineri

15. Constitutional Council Review of Presidential Elections in France and a French Judicial Perspective on Bush v. Gore

Noëlle Lenoir

16. Seven Reasons Bush v. Gore Would Have Been Unlikely in Germany

Dieter Grimm

17. Bush v. Gore: A View from Italy

Pasquale Pasquino

18. Democracy in America: A European Perspective on the Millennial Election

Mattias Kumm


Part 6. Reform?

19. Weighing the Alternatives: Reform or Deform?

Judith Best

20. The Electoral College: A Fatally Flawed Institution

Lawrence D. Longley

21. The Electoral College: A Modest Contribution

Keith E. Whittington

22. Popular Election of the President without a Constitutional Amendment

Robert W. Bennett


List of Contributors

Index

Über Autor(innen)

Jacobson, Arthur
Arthur J. Jacobson is Max Freund Professor of Litigation and Advocacy at the Benjamin N. Cardozo School of Law, Yeshiva University. He is coeditor of Weimar: A Jurisprudence of Crisis (California, 2000) and Justice and the Legal System: A Coursebook (1992). Michel Rosenfeld is Justice Sydney L. Robins Professor of Human Rights at the Benjamin N. Cardozo School of Law. He is author of Just Interpretations: Law between Ethics and Politics (California, 1998), Affirmative Action and Justice: A Philosophical and Constitutional Inquiry (1991), and coeditor of Habermas on Law and Democracy: Critical Exchanges (California, 1998).