CategoriesFlorida Law Review Forum
Response to Chad Flanders, Election Law Behind a Veil of Ignorance
In his latest piece, Professor Chad Flanders again adds to our understanding of the central problem of election law: the hunt for means to distinguish electoral rules that are “fair” from those that are not. Legislators and administrators have the presumptive democratic legitimacy to create policy on our behalf. And yet the misdirected use of that power, intentionally or unintentionally, creates unusual danger in the electoral realm. Much ink has been spilled attempting to develop workable judicial approaches that leave the good and limit the bad.