The Longest Night

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.

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

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Notes for the Unpublished Supplemental Separate Opinions in Bush v. Gore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

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Summary

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Supplemental Materials