This book provides a new theoretical perspective to election law showing how alignment theory would operate in practice, in both litigation and legislation.
In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the election rested on Florida's 25 electoral votes, and legal wrangling continued for 36 days. Then, abruptly, one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore, cut short the battle. Since the Florida debacle we have witnessed a partisan war over election rules. Election litigation has skyrocketed, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy "armies of lawyers" and the partisan press revs up when elections are expected to be close and the stakes are high.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
From the nation’s leading expert, an indispensable analysis of key threats to the integrity of the 2020 American presidential election As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In this timely and accessible book, Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old-fashioned and new-fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined.
Alan I. Abramowitz has emerged as a leading spokesman for the view that our current political divide is not confined to a small group of elites and activists but a key feature of the American social and cultural landscape. The polarization of the political and media elites, he argues, arose and persists because it accurately reflects the state of American society. Here, he goes further: the polarization is unique in modern U.S. history. Today’s party divide reflects an unprecedented alignment of many different divides: racial and ethnic, religious, ideological, and geographic. Abramowitz shows how the partisan alignment arose out of the breakup of the old New Deal coalition; introduces the most important difference between our current era and past eras, the rise of “negative partisanship”; explains how this phenomenon paved the way for the Trump presidency; and examines why our polarization could even grow deeper. This statistically based analysis shows that racial anxiety is by far a better predictor of support for Donald Trump than any other factor, including economic discontent.
An engrossing analysis of the pseudo-democratic methods employed by despots around the world to retain control Contrary to what is commonly believed, authoritarian leaders who agree to hold elections are generally able to remain in power longer than autocrats who refuse to allow the populace to vote. In this engaging and provocative book, Nic Cheeseman and Brian Klaas expose the limitations of national elections as a means of promoting democratization, and reveal the six essential strategies that dictators use to undermine the electoral process in order to guarantee victory for themselves. Based on their firsthand experiences as election watchers and their hundreds of interviews with presidents, prime ministers, diplomats, election officials, and conspirators, Cheeseman and Klaas document instances of election rigging from Argentina to Zimbabwe, including notable examples from Brazil, India, Nigeria, Russia, and the United States—touching on the 2016 election. This eye-opening study offers a sobering overview of corrupted professional politics, while providing fertile intellectual ground for the development of new solutions for protecting democracy from authoritarian subversion.
In a political environment characterized by intense urban-rural polarization and growing hostility between cities and state legislatures, When Cities Lobby explores how local officials use lobbyists to compete for power in state politics. When Cities Lobby tells the story of what happens when city officials rely on professional lobbyists to represent their interests in state government. In a political environment characterized by intense urban-rural polarization and growing hostility between cities and state legislatures, the ability to lobby offers a powerful tool for city leaders seeking to amplify their voices in state politics. The cities that lobby at the highest rates include large urban centers that have historically faced obstacles to effective representation in our federal system, and, increasingly, blue-leaning cities engaged in preemption battles against Republican-led legislatures. But high-income places have also figured out how to strategically use lobbyists, and these communities have become particularly adept at lobbying to secure additional grant money and shift state funding in a direction that favors them. How did we end up with a system where political officials in different levels of government often choose to pay lobbyists to facilitate communication between them, and are the potential benefits worth the costs? Author Julia Payson demonstrates that the answer is deeply rooted in both the nature of the federal system and the evolution of the professional lobbying industry. While some states have recently debated measures to restrict lobbying by local governments, these efforts will likely do more harm than good in the absence of structural reforms to the lobbying industry more broadly.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Leading political innovation activist Katherine Gehl and world-renowned business strategist Michael Porter bring fresh perspective, deep scholarship, and a real and actionable solution, Final Five Voting, to the grand challenge of our broken political and democratic system. Final Five Voting has already been adopted in Alaska and is being advanced in states across the country. The truth is, the American political system is working exactly how it is designed to work, and it isn't designed or optimized today to work for us—for ordinary citizens. Most people believe that our political system is a public institution with high-minded principles and impartial rules derived from the Constitution. In reality, it has become a private industry dominated by a textbook duopoly—the Democrats and the Republicans—and plagued and perverted by unhealthy competition between the players. Tragically, it has therefore become incapable of delivering solutions to America's key economic and social challenges. In fact, there's virtually no connection between our political leaders solving problems and getting reelected. In The Politics Industry, business leader and path-breaking political innovator Katherine Gehl and world-renowned business strategist Michael Porter take a radical new approach. They ingeniously apply the tools of business analysis—and Porter's distinctive Five Forces framework—to show how the political system functions just as every other competitive industry does, and how the duopoly has led to the devastating outcomes we see today. Using this competition lens, Gehl and Porter identify the most powerful lever for change—a strategy comprised of a clear set of choices in two key areas: how our elections work and how we make our laws. Their bracing assessment and practical recommendations cut through the endless debate about various proposed fixes, such as term limits and campaign finance reform. The result: true political innovation. The Politics Industry is an original and completely nonpartisan guide that will open your eyes to the true dynamics and profound challenges of the American political system and provide real solutions for reshaping the system for the benefit of all. THE INSTITUTE FOR POLITICAL INNOVATION The authors will donate all royalties from the sale of this book to the Institute for Political Innovation.