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Carl Schmitt's State and Constitutional Theory
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-w...
Why Isn't Al Gore President?
The book is the summary of the major circumstances contributing to Al Gore's loss in 2000, derived from books and articles intended for the non-academic reader. Topics discussed are the electoral college, voter roll purging in Florida, Ralph Nader's candidacy, ballot design in Palm Beach and Duval Counties and the recount in Palm Beach County, the decision of the Bush campaign to obstruct the Florida recount and the Bush campaign's military overseas absentee ballot operation. It presents the author's interpretation of these circumstances and how, in hindsight, the Gore campaign might have overcome them.
Columbia Law Review
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Democracy Despite Itself
Democracy is in decline, largely because of the legal actions of anti-democratic actors working within the system. Incorporating the work of John Rawls and Carl Schmitt, Democracy despite Itself argues that tactics of militant democracy, including constitutional entrenchment, offer protection against the dissolution of liberal democracy.
Annual Report
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