Longest Night

Arthur J. Jacobson is Max Freund Professor of Litigation and Advocacy at the Benjamin N. Cardozo School of Law, Yeshiva University. He is coeditor of Weimar: A Jurisprudence of Crisis (California, 2000) and Justice and the Legal System: A Coursebook (1992). Michel Rosenfeld is Justice Sydney L. Robins Professor of Human Rights at the Benjamin N. Cardozo School of Law. He is author of Just Interpretations: Law between Ethics and Politics (California, 1998), Affirmative Action and Justice: A Philosophical and Constitutional Inquiry (1991), and coeditor of Habermas on Law and Democracy: Critical Exchanges (California, 1998).

• Acknowledgments Introduction Arthur J. Jacobson and Michel Rosenfeld Cast and Chronology Part 1. In the Heat of the Battle 1. Equal Protection for Votes Henry E. Brady 2. Law and Data: The Butterfly Ballot Episode Henry E. Brady, Michael C. Herron, Walter R. Mebane Jr., Jasjeet Singh Sekhon, Kenneth W. Shotts, and Jonathan Wand Part 2. The Machinery of Democracy in America 3. Disputing Elections Richard H. Pildes Part 3. The Decisions 4. A Badly Flawed Election Ronald Dworkin 5. Exchange between Ronald Dworkin and Charles Fried 6. Bush v. Gore: Three Strikes for the Constitution, the Court, and Democracy, but There Is Always Next Season Michel Rosenfeld 7. The Unbearable Rightness of Bush v. Gore Nelson Lund 8. The Ghostwriters Arthur J. Jacobson 9. Notes for the Unpublished Supplemental Separate Opinions in Bush v. Gore Burt Neuborne Part 4. American Perspectives 10. Anatomy of a Constitutional Coup Bruce Ackerman 11. The Many Faces of Bush v. Gore George P. Fletcher 12. Springtime for Rousseau Richard Brookhiser 13. Machiavelli in Robes? The Court in the Election Frank I. Michelman Part 5. Foreign Perspectives 14. A Flawed yet Resilient System: A View from Jerusalem Shlomo Avineri 15. Constitutional Council Review of Presidential Elections in France and a French Judicial Perspective on Bush v. Gore Noelle Lenoir 16. Seven Reasons Bush v. Gore Would Have Been Unlikely in Germany Dieter Grimm 17. Bush v. Gore: A View from Italy Pasquale Pasquino 18. Democracy in America: A European Perspective on the Millennial Election Mattias Kumm Part 6. Reform? 19. Weighing the Alternatives: Reform or Deform? Judith Best 20. The Electoral College: A Fatally Flawed Institution Lawrence D. Longley 21. The Electoral College: A Modest Contribution Keith E. Whittington 22. Popular Election of the President without a Constitutional Amendment Robert W. Bennett List of Contributors Index

"The Longest Night provides a comprehensive and insightful look at our country's most fascinating election. The contributions from political insiders are utterly absorbing. Sharply written and edited; an impressive collaboration." - Susan Estrich, author of Sex and Power