Rethinking Us Election Law

Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.

Maintaining the perception of fairness and equal access during elections assures the legitimacy of a democratic system. The U.S. in particular prides itself on its open and honest voting laws and procedures. However, the extraordinary closeness of the 2000 presidential election between George W. Bush and Al Gore triggered a rare scrutiny of the election process. This highly disputed contest revealed problems with ballot design and order; access to the polls; voting machines; absentee, military, and overseas ballots; election laws and the Electoral College; and judicial oversight of the voting process. It brought to light issues regarding political polling in general, exit polls in particular, media projections and reporting, and even the election night "calling" of outcomes. Rethinking the Vote: The Politics and Prospects of American Election Reform centers on what can and should be learned about the processes of voting. Using the 2000 presidential election as a starting point, this collection of essays puts forth a constructive effort to learn from what transpired and to offer potential solutions for the future. Featuring work by leading academics and participants in the real-world drama of the 2000 election, it examines the legal, political, and institutional problems of administering elections in the U.S. The book begins and ends with questions about the prospects and possibilities for reform. It takes a consistently pragmatic approach that recognizes both the constraints on and the opportunities for change in America's elaborate constitutional and political structures. Providing a useful mix of quantitative and qualitative data, Rethinking the Vote is ideal for undergraduate courses in American politics, American elections, public opinion and voting behavior, American political thought, campaigns and elections, presidential politics, and media and politics.

While frustration with various aspects of American democracy abound in the United States, there is little agreement over—or even understanding of—what kinds of changes would make the system more effective and increase political participation. Matthew J. Streb sheds much-needed light on all the major concerns of the electoral process in the thoroughly revised third edition of this timely book on improving American electoral democracy. This critical examination of the rules and institutional arrangements that shape the American electoral process analyzes the major debates that embroil scholars and reformers on subjects ranging from the number of elections we hold and the use of nonpartisan elections, to the presidential nominating process and campaign finance laws. Ultimately, Streb argues for a less burdensome democracy, a democracy in which citizens can participate more easily in transparent, competitive elections. This book is designed to get students of elections and American political institutions to think critically about what it means to be democratic, and how democratic the United States really is. Part of the Controversies in Electoral Democracy and Representation series, edited by Matthew J. Streb.

Political culture in Nunavut has long been characterized by different approaches to political life: traditional Inuit attitudes toward governance, federal aspirations for the political integration of Inuit, and territorial strategies for institutional development. Ailsa Henderson links these features to contemporary political attitudes and behaviour, concluding that a distinctive political culture is emerging in Nunavut. Drawing upon extensive fieldwork and quantitative analysis, this book provides the first systematic, empirical study of political life in Nunavut, offering comprehensive analysis of the evolving nature of aboriginal self-government in the Arctic and shedding crucial light on Inuit–non-Inuit relations.

Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.

Challenging historic assumptions about human relationships with nature, Jan G. Laitos examines how environmental laws have addressed environmental problems in the past, and the reasons for the laws' inability to successfully prevent environmental contamination and alterations of critical environmental systems. This forward-thinking book offers a creative and organic alternative to traditional but ultimately unsuccessful environmental rules. It explains the need for a new generation of environmental laws grounded in the universal laws of nature which might succeed where past and current approaches have largely failed.

The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life.

This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.