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Commentary by Professor William Ross
13 Dec 2000

Professor William G. Ross, Cumberland School of Law, Samford University The Court's authority -- possessed of neither the purse nor the sword -- ultimately rests on sustained public confidence in its moral sanction. Such feeling must be nourished by the Court's complete detachment, in fact and appearance, from political …

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9 Dec 2000

Professor William G. Ross, Cumberland School of Law, Samford University In past elections, so-called "faithless electors" cast innocuously eccentric votes that provided a quaint reminder of one of the archaic curiosities of the presidential selection process. After providing a rare element of surprise in the otherwise perfunctory Electoral College …

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4 Dec 2000

Professor William G. Ross, Cumberland School of Law, Samford University The most complicated bit of governmental machinery which the modern world has to exhibit is that which is employed in the selection of the chief executive officer...for the United States...It is almost marvelous that any people should have preserved …

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28 Nov 2000

Professor William G. Ross, Cumberland School of Law, Samford University The dispute over the election has developed into a constitutional crisis. With George W. Bush claiming victory and Al Gore refusing to concede, the election's outcome now seems destined to depend on judicial determination of complex and perhaps novel …

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26 Nov 2000

Professor William G. Ross, Cumberland School of Law, Samford University The U.S. Supreme Court's intervention in the disputed presidential election was virtually inevitable, despite wishful predictions by Democrats that the Court would not meddle with state election law. As countless commentators have pointed out, the electoral impasse provides yet …

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17 Nov 2000

Professor William G. Ross, Cumberland School of Law, Samford University It should be obvious to everyone by now that no one ever will know which presidential candidate actually won more popular votes, either in Florida or nationwide. The Florida recount process can never yield an accurate result, for efforts …

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Commentary by Other Scholars
5 Dec 2000
Stephen Griffin, Tulane Law School

Professor Stephen Griffin, Tulane Law School We, the undersigned scholars of constitutional law, wish to express our serious concern that the proposed special session of the Florida Legislature to appoint presidential electors is unlawful. Any bill or resolution adopted to unconditionally mandate the appointment of presidential electors would be …

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5 Dec 2000
Marjorie Cohn, Thomas Jefferson School of Law

Professor Majorie Cohn, Thomas Jefferson School of Law When the Supreme Court entertained arguments last Friday that could determine who will be the 43rd president of the United States, it worked virtually in private. Unlike the Florida Supreme Court, which let the sunshine (and television cameras) into the hearing …

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4 Dec 2000
Peter Shane, Carnegie Mellon University

Professor Peter Shane, Carnegie Mellon University, University of Pittsburgh School of Law As the various courts of Florida and the United States government do their jobs--including the orderly resolution of the Florida presidential election--the state's legislators stand poised to push the nation toward constitutional crisis. Let's hope they desist. The …

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1 Dec 2000
Stephen Clark, Albany Law School

Professor Stephen Clark, Albany Law School The apparent inclination of the Florida legislature to intervene in the presidential election dispute and assert its power to independently choose the state's electors is troubling. This is so not because the legislature lacks the constitutional authority to do it, nor because a political …

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30 Nov 2000
Paul Finkelman, University of Tulsa College of Law

Professor Paul Finkleman, Chapman Distinguished Professor of Law, University of Tulsa As the recount continues, Americans are getting the civics lesson we never had in school: we are learning how the electoral college works, and we are asking whether it is time to abolish the electoral college. In order to …

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30 Nov 2000
John Parry, University of Pittsburgh School of Law

Professor John Parry, University of Pittsburgh School of Law I have been asked to provide some analysis of the briefs filed in Bush v. Palm Beach County Canvassing Board. Given time constraints and the limits of my expertise, I have decided primarily to give my impressions of the opening briefs …

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27 Nov 2000
Peter Shane and Ronald D. Rotunda, Carnegie Mellon University and University Illinois College of Law

In the wake of the U.S. Supreme Court's grant of certiorari in Bush v. Palm Beach Canvassing Board, JURIST invited Professor Peter M. Shane of the University of Pittsburgh School of Law and Professor Ronald D. Rotunda of the University of Illinois College of Law to discuss the legal imbroglio …

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17 Nov 2000
Victor Williams, Catholic University School of Law

Victor Williams, Catholic University School of Law If the appellate courts (federal and/or state) allow either the counting of partially-punched, spoiled ballots or fraudulently-mailed, overseas absentee votes that run to Albert Gore's favor, Florida's Republican dominated state legislature should formally void the popular vote, and directly appoint the state's presidential …

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17 Nov 2000
Sharon Beckman, Boston College Law School

Professor Sharon Beckman, Boston College Law School Presidential candidate George W. Bush told the American people that his federal judicial appointees would be "strict constructionalists," people like Supreme Court Justice Antonin Scalia who believe federal courts lack authority to protect fundamental rights that are not expressly mentioned in the Constitution. …

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14 Nov 2000
Steven Semeraro, Thomas Jefferson School of Law

Professor Steven Semeraro, Thomas Jefferson School of Law Many have been shocked by the revelation in the wake of last week's presidential election that mechanical ballot counting is fraught with error. Indeed, these machines may have an error rate approaching 5%. And now the Bush campaign has challenged the traditional …

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