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The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath ...

The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices.The book starts with an overview of the electoral process, including its history and guiding theories. It looks next at the Florida election itself, exploring which candidate ''really'' won and whether this is even a meaningful question. The focus then shifts to the complex litigation, both state and federal, provoked by the photo finish. On the basis of the pragmatic jurisprudence that Judge Posner has articulated and defended in his previous writings, this book offers an alternative justification for the Supreme Court's decision in Bush v. Gore while praising the Court for averting the chaotic consequences of an unresolved deadlock.Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco.Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession.

This modern study of the independence of the judiciary in England utilizes the perceptions of the Lord Chancellor's Office to provide a fresh examination of the importance of this concept in British constitutional law and politics. Working from the records of the Lord Chancellor's Office, the author ...

This modern study of the independence of the judiciary in England utilizes the perceptions of the Lord Chancellor's Office to provide a fresh examination of the importance of this concept in British constitutional law and politics. Working from the records of the Lord Chancellor's Office, the author discusses a number of issues: the appointment of judges and the attempt to remove them; the disciplining of judges; their role in the Courts; their executive responsibilities, and the role of English judges in the Judicial Committee of the Privy Council. This important work also examines the battles within and around the judiciary in the past thirty years, and places them in the broader context of the separation of powers, the legal system, and the politics of the period.

Cause Lawyering and the Reproduction of Professional Authority: An Introduction, Austin Sarat and Stuart Scheingold CONTEXTS AND CONDITIONS OF CAUSE LAWYERING The Causes of Cause Lawyering: Toward an Understanding of the Motivation and Commitment of Social Justice Lawyers, Carrie Menkel-Meadow ...

Cause Lawyering and the Reproduction of Professional Authority: An Introduction, Austin Sarat and Stuart Scheingold CONTEXTS AND CONDITIONS OF CAUSE LAWYERING The Causes of Cause Lawyering: Toward an Understanding of the Motivation and Commitment of Social Justice Lawyers, Carrie Menkel-Meadow Speaking Law to Power: Occasions for Cause Lawyering, Richard Abel The Struggle to Politicize Legal Practice: A Case Study of Left-Activist Lawyering in Seattle, Stuart Scheingold CAUSE LAWYERING AND THE ORGANIZATION OF PRACTICE Norris, Schmidt, Green, Harris, Higginbotham & Associates: The Socio-Legal Impact of Philadelphia Cause Lawyers, Aaron Porter Still Trying: Cause Lawyering for the Poor and Disadvantaged in Pittsburg, PA, John Kilwein Critical Lawyers: Social Justice and the Structure of Private Practice, Louise Trubek and M. Elizabeth Kransberger Destruction of Houses and Construction of a Cause: Lawyers and Bedouins in the Israeli Courts, Ronen Shamir and Sara Chinski STRATEGIES OF CAUSE LAWYERING UNDER LIBERAL LEGALISM Rethinking Law's Allurements: A Relational Analysis of Social Movement Lawyers in the United States, Michael McCann and Helena Silverstein Caring about Individual Cases: Immigration Lawyering in Britain, Susan Street Between (the Presence of) Violence and (the Possibility of) Justice: Lawyering against Capital Punishment, Austin Sarat THE POSSIBILITIES OF CAUSE LAWYERING BEYOND LIBERAL LEGALISM Cause Lawyering in the Third World, Stephen Ellmann Lawyers' Causes in Indonesia and Malaysia, Daniel Lev Attorneys for the People, Attorneys for the Land: The Emergence of Cause Lawyering in the Israel-Occupied Territories, George Bisharat Cause Lawyers and Social Movements: A Comparative Perspective on Democratic Change in Argentina and Brazil, Stephen Meili All or Nothing: An Inquiry into the (Im)Possibility of Cause Lawyering under Cuban Socialism, Raymond Michalowski REFERENCES