Since Smadar Ottolenghi first published her detailed analysis of Israel's new arbitration law in 1970, she has remained the unrivalled interpreter of arbitration law in her country, and a tireless theorist of improved arbitral procedure. Virtually every Israeli judgement with regard to arbitration in the last thirty years has drawn on her definitive Hebrew treatise, "Arbitration: Law and Procedure", which has been revised and extended twice, in 1980 and again in 1990. This book is Professor Ottolenghi's own English adaptation of her peerless work, and is in fact the most up-to-date edition, as it includes references to hundreds of judgements and other developments that have occurred in the ten years since the publication of the most recent (third) Hebrew edition. Anyone with the need or opportunity to arbitrate in Israel should find all the details they need, including expert guidance on such important substantive and procedural matters as the following: phrasing the arbitration clause; matters in rem; sole arbitration versus party arbitration; successors to arbitration agreements; settlement of labour disputes under arbitral agreements; The court's involvement in arbitration proceedings; responsibility for arbitrator's remuneration; limitations upon the arbitrator's powers; setting aside an arbitrator's award; effect of international conventions; and enforcement of foreign arbitral awards. To enhance communication between English-speaking readers - lawyers, arbitrators, and other professionals and business people who should find this book immensely useful - and their Israeli correspondents, the paragraph numbering in this edition is identical with that of the third Hebrew Edition. Detailed indexes should add greatly to the book's usefulness by making it easy to find material through several different avenues.

Voir Dire and Opening Argument. Volume I, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1991. Reprinted 2013 by The Lawbook Exchange, Ltd. xv, 685 pp. The trial process is the sum of its parts-opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is also available separately.
In this volume, Voir Dire and Opening Argument, Stern describes tactics for the voir dire process and the construction and delivery of a successful opening to lay the foundation for the overall argument.
Contents:
1. Introduction;
2. Rule I: Personal Advocacy;
3. Rule II: One Central Theme;
4. Rule II: Make the Case Bigger than its Facts;
5. The Four Laws: Primacy, Recency, Frequency and Vividness;
6. Opening Argument-Not Opening Statement;
7. Problems to Confront in Openings;
8. The Form of the Opening;
9. Final Considerations for Opening;
10. Edward Bennett Williams Opens;
11. Openings in Nonjury Trials;
12. Applications of the Principles to a Case;
13. The Colonial Pipeline Case;
14. Jury Voir Dire;
15. Voir Dire in Two Actual Cases;
16. Conclusion,
Appendix A: United States v. Weber-Opening for the Government;
Appendix B: United States v. Weber-Opening for the Defense;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). Review 1 (3900 characters maximum): ... a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy. Source: -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.

With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings-of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.

This volume takes a historical approach in analyzing all of the major United States Supreme Court cases relevant to the conflict between a free press and fair trial. Campbell's thorough analysis, which relates 30 primary cases to each other and to nearly 70 associated supporting cases, consists of five parts: (1) legal backgrounds; (2) immediate historical circumstances giving rise to the cases; (3) complete summaries of all court opinions, concurring opinions, and dissenting opinions, often using the Justices' own words; (4) the Court's ruling; and (5) analysis of the significance of the cases.

This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.

Aims to provides a highly accessible, yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award - including enforcement and appeals. Comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered, including a seperate chapter covering special types of arbitration such as consumer schemes and arbitration under statute. Written in simple non-legalistic language and intentionally general in its coverage, this book should be of relevance to arbitration matters in whatever trade and profession it is practiced. It may be of particular interest to students taking CIArb examinations, exempting courses for CIArb exams, and those pursuing more general arbitration courses at university or other colleges of higher education.

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

This fifty-second volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Court 16 July 2010-1 August 2011. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions.The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series:http://www.annotatedleadingcases.com/about.aspx

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The "Nicaraguan" cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

Alfredo Garcia, who has been both a prosecuting and a defense attorney in criminal processes, reviews the United States Supreme Court's interpretations of the Sixth Amendment--the right to a fair trial--as they have evolved since the 1960s. He determines that the Court, with a few notable exceptions, has demonstrated doctrinal inconsistency and has failed to adhere to the core values embedded in the amendment. Garcia argues that the functional and symbolic roles of the Sixth Amendment have been eroded, and that this is particularly evident in the three clauses that provide defendants the means to respond to charges and to be assured of fair process. The clauses considered specifically involve the right to counsel, the right to confrontation, and the right to compulsory process. The Supreme Court's emphasis in more recent years is perceived to be on efficiency rather than on protecting the ideal of a "fair trial." The six chapters cover the rights to counsel, to confrontation, to compulsory process, to a speedy trial, and to a jury trial, and the sometime conflict between a free press (First Amendment) and the Sixth Amendment assurance of a fair trial free of antecedent prejudicial publicity. This is a timely, much-needed, and substantive examination of the highest court's interpretations of a defendant's constitutional right to a fair, speedy trial.

Small and developing states make up the majority of participants in United Nations Peacekeeping Operations (UNPKO), and Malaysia is one of these. The numerous previous studies on Malaysia's UNPKO are primarily historical narratives which focus on practical, policy-related issues and due process, making no attempt to synchronize the nexus between theory and policy analysis. Nor do they cover the theoretical aspect which can operationalize and address the question of the roles played by Malaysia's domestic actors (foreign policy executives, legislature, military, media, public opinion) in the respective decision-making processes as well as those of external level, such as international power politics and geopolitical considerations. In other words, they are predominantly a historical narrative of only several Malaysia's UNPKO. This book fills the critical gap. It deliberates on the respective national and international decision-making processes, especially from the Malaysian point of view, and analyses the theoretical and practical impacts of Malaysia's UNPKO in understanding international politics. Apart from providing a well-researched account of Malaysia's UNPKO across the globe for 50 years, i.e. 1960-2010, this book examines the determinants by using qualitative data, particularly key-informant interviews and documentary analysis. Thus, while most studies of Malaysia's UNPKO single out domestic imperatives as the most vital determinant, this book, on the contrary, comprehensively identifies the prevailing world security order as the most important determinant influencing Malaysia's UNPKO, followed by the domestic ones.

Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

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Read the Introduction.

"In recent years, an expanding wave of law and criminal justice programs has emerged on American television. Elayne Rapping proves a masterful guide in her overview of a wide range of TV narrative fiction series, Court TV, talk shows, news, and other programs that deals with law, order, criminality, and justice, contextualizing TV crime and justice in the context of fierce political battles over these topics in the past decades of American history."
--Douglas Kellner, author of "Media Culture and Media Spectacle"

"Lively and engagingly written, it explores as Rapping writes, "an interplay of aesthetics, politics, and legal history [that] come together in complex and often contradictory ways. Anyone who has watched these shows will appreciate seeing them in a new way. Much of the enjoyment in reading the book comes from Rapping's ability to draw on a wide range of cultural and intellectual interests and present them in down-to-earth language."
--"Trial"

"Accessible and lucid."
--"www.sirreadalot.org"

""Law and Justice as Seen on TV" is deliberately provocative."
--"Akron Beacon Journal"

""Law and Justice as Seen on TV" provides a comprehensive and sophisticated look at the ways law appears nightly in the living rooms of millions of Americans. Combining valuable insights about the workings of the television industry with an insightful argument about the criminalization of American life, Elayne Rapping has made a distinctive contribution to interdisciplinary legal scholarship. Her work shows how valuable the analysis of popular culture can be in illuminating some of the most important legal and socialissues of our time."
--Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College

Law and Justice as Seen on TV examines the impact, significance, and social and political problems raised by the enormous onslaught of law-related television programming, both fiction and nonfiction, in the years since the rise of live televised trials as major media events. The book weaves together the various strands--media history and analysis, legal history and policy, and the national turn to the political right in the last decades--which gave birth to this trend and has kept it thriving and growing, by leaps and bounds, to the present day.

Beginning with the history of courtroom drama on TV and its various contradictions and shifts, since the late 1940s to the present, the book analyzes the various entertainment series and genres that have so proliferated in recent years, giving special attention to such popular and influential series as "Law and Order" and "Cops." The second section begins by charting the complex and contested history of the coming of cameras to the courtroom and the way in which that legal decision led to televised trials and to the rise of Court TV. It examines as especially interesting and important the major trials--such as those of the Menendez brothers, O.J. Simpson, and Timothy McVeigh--which helped to shape the way television came to frame trials and their social implications for public consumption. From there it examines major social issues--gender violence, youth crime, family dysfunction, victims' rights which, with the rise of the courtroom as a major political and television arena, have come to be viewed largely aslegal issues to be discussed and determined in legal terms by Americans in general.

Accessible and lucid, Law and Justice as Seen on TV concludes with an examination of the broad implications of this social and cultural trend, closing with some thoughts about its expansion, on television and in the actual legal arena, during the "war on terrorism" in the wake of 9/11.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

This book examines the treatment of suspects in interrogation and explores issues surrounding the right to silence. Employing a socio-legal approach, it draws from empirical research in the social sciences including social psychology to understand the problem of obtaining reliable evidence during interrogation.

Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.

In recent decades, the U.S. Supreme Court has taken on an increased political prominence, due largely to such controversial issues as abortion, the separation of church and state, and civil rights. Because such issues could be affected by a Court member's personal beliefs and experiences, the question of how race, religion, and gender influence Supreme Court appointments is a crucial one. In this work, Barbara Perry explores the impact of these factors on the Court, placing the presidential nominations in their historical and political contexts. She examines the question of whether justices should be chosen in order to create a representative court that reflects elements in American society.

The book is based on both primary and secondary sources, including interviews with seven members of the Court. Following a detailed introduction, Perry provides a historical analysis of the appointments of eight Catholics, five Jews, one black, and one woman, revealing a link between the appointments and the political, social, electoral, and demographic contexts in which they were made. She traces the decline in importance of the religious factor, as the ascendence of religious groups in mainstream politics no longer made it necessary for presidents to maintain a representative Court position. Representative considerations, however, will continue to play a role in the selection process, and Perry argues for a reconciliation between the undeniable pull of politics and ideology and the demands for merit-based appointments. This work will add an important new perspective to studies of the Supreme Court, as well as to the study of law, political science, and American history.

What do refugee and concentration camps, prisons, terrorist and guerrilla training camps and prisoner of war camps have in common? Arguably they have all followed an 'outsides inside' model, enforcing a dichotomy between perceived 'desirable' and 'undesirable' characteristics. This separation is the subject of Moller's multidisciplinary study.

A[a�?The notion . . . that miscarriages of justice are not simply idiosyncratic instances, but are rather part of the ordinary machinery of law, is a crucial insight, one that deserves this kind of book-length treatment.A[a�?
--James MaMartell, author of "Subverting the Leviathan: Reading Thomas Hobbes as a Radical Democrat"

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system.

The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion.

When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in thelawA[a�a[s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system.

Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

The development of international arbitration as an autonomous legal order is one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization using original data and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.

This book can improve the effectiveness of those working within the legal process and in legal policy. It seeks to clarify how the examination of risk levels, time allocation, and other legal policy situations can lead to optimum choices. The principles discussed are amplified by illustrative examples covering such important subjects as right to counsel, plea bargaining, client selection, pretrial release, jury size, crime prevention, delay reduction, and many other controversial and problematic issues of concern to the practicing attorney, the legal scholar, and the legal policymaker. Nagel offers the reader realistic applications of the theories provided, and is unique in his hands-on direct relation of those theories to the decision-making process.

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aA must-read for anyone interested in the intersection of law and politics. . . . [Hasenas] is an important framework against which election law scholars will react and upon which they will build for some time to come.a
--"Michigan Law Review"

"Hasen wrote this concise but substantive volume to assess the history, at least since 1901, of the Supreme Court's intervention in the political process."
--"The Law and Politics Book Review"

"A major contribution to the field of election law."
--Thomas E. Mann, The Brookings Institution

In the first comprehensive study of election law since the Supreme Court decided "Bush v. Gore," Richard L. Hasen rethinks the Court's role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court's intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process.

The Supreme Court does have a crucial role to play in protecting a socially constructed "core" of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court's most important election law cases from Baker to Bush have been wrongly decided.