Content from the following sources has been used in the creation of this casebook:

• The 2020 Election and the Rule of Law

  Authors:

  • William Marks

  with additional contributions by:

  • Samantha Bates
  • Jonathan Zittrain
  • 1: Day 1: What is the Rule of Law? original
  • 1.1: John Orth, The Rule of Law, 19 Green Bag 2d 175 (2016). original
  • 1.2: Ronald Cass, The Rule of Law in America (2001). [Read Introduction and Chapters 1-3]. original
  • 1.3: Article II of the U.S. Constitution. original
  • 1.4: Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, The New Press (2010). [Read "The Birth of Mass Incarceration” on pages 50-73]. original
  • 1.5: United States of America, Plaintiff, v. Weldon Angelos, Defendant original
  • 1.6: Oona Hathaway and Daniel Markovitz, Black Lives Matter Might Just Rescue American Democracy (2020). original
  • 2: Day 2: The Unitary Executive and Article II Powers original
  • 2.1: Cass R. Sunstein & Lawrence Lessig, The President and the Administration, 94 Columbia Law Review 1 (1994). [Read Introduction, Pages 2-11, and Part III]. original
  • 2.2: John Yoo’s memo for Alberto R. Gonzales, counsel to the President, Authority for Use of Military Force to Combat Terrorist Activities Within the United States (2001). [Read Introduction and Parts IV-VI]. original
  • 2.3: Binyamin Appelbaum and Michael D. Shear, Once Skeptical of Executive Power, Obama Has Come to Embrace It, New York Times (2016). original
  • 2.4: Julian Borger, Trump Consults Bush Torture Lawyer on how to Skirt Law and Rule by Decree, The Guardian (2020). original
  • 3: Day 3: Between Perception and Legal Reality: When is the Rule of Law Intact, Despite Worries? original
  • 4: Day 4: What Just Happened, and What Happens Next original