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Thursday, December 9, 2010

Commentary: Bush v. Gore in Historical Perspective

Election Law @ Moritz:
"I think history, however, sheds a different kind of light on Bush v. Gore. Far from being an anomaly, it is just a particularly recent and glaringly visible sign of a problematic phenomenon that is deeply rooted in our nation’s political culture. This problematic phenomenon concerns our democracy’s legal apparatus for major vote-counting disputes. It has two dimensions—one jurisprudential, the other institutional—and both combined to erupt in the judicial divisions that beset the Court in the case."

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