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  • Series: Rethinking Law series x
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Steven Mulroy

Explains how the concepts developed in Chapters 4–8 can be applied on the state and local level.

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Steven Mulroy

Offers concluding thoughts about where to go from here.

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Steven Mulroy

Discusses how courts have monitored and policed racial gerrymanders but have been reluctant to do so with partisan gerrymanders. Also explains that even if the latter were to change, it would only address the most extreme gerrymanders, leaving a lot of less blatant and “unintentional” gerrymanders untouched.

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Steven Mulroy

Discusses how nonpartisan redistricting commissions would help significantly with gerrymandering, but wouldn’t fully address the problem, both because of demographic clustering, and also because gerrymandering is inherent in single-member district systems.

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Steven Mulroy

Introduces the reader to ranked choice voting, where voters rank their 1st, 2nd, and 3rd preferences, etc., through discussion of instant runoff voting, used to elect single persons such as mayor, district attorney, or a representative from a single-member district.

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Steven Mulroy

Discusses proportional representation and the single transferable vote, a ranked choice voting system used to elect several or more legislators from a multimember district.

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Victor P. Goldberg

Rethinking Contract Law and Contract Design presents a rich array of ideas that reassess the law and economics of contractual relations. Victor P. Goldberg uses a transactional framework to critically analyse and re-evaluate contract doctrine and specific legal cases. This important work examines particular contractual precepts whilst conducting a detailed exercise in legal archaeology, challenging readers to reconsider significant legal decisions by forensic exploration of records, briefs, and other materials, including the staple cases of textbooks and casebooks.
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Rethinking US Election Law

Unskewing the System

Steven Mulroy

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.
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Steven Mulroy

An Introduction which begins with three recent examples of national elections where the majority will was frustrated and summarizes the book. It explains how winner-take-all elections are to blame, and how proportional representation with ranked choice voting can help.

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Steven Mulroy

Discusses the history and current operation of the Electoral College; why it needs to be replaced; and how the National Popular Vote Interstate Compact can do so without the need for a federal constitutional amendment.