A Look at Virginia’s Presidential Recount Procedures: Part II

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From a U.S. Senate election in 1978 to a gubernatorial election in 1989 to two recent Attorney General elections, one in 2005 and another in 2013, Virginia has managed to reach closure of these disputed elections with relative dispatch—by mid-December in all four instances—and without contentious or protracted litigation.

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Duty to Make Reasonable Settlement Decisions

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The project specifically uses the phrase “duty to make reasonable settlement decisions,” rather than “duty to settle.” The Reporters use this phrase to emphasize that “duty to settle” is not entirely accurate; rather, there is a duty to make reasonable decisions in relation to settlement.

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A Look at Virginia’s Presidential Recount Procedures: Part I

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The idea of expedited procedures is hardly foreign to American law. Indeed, its application to elections—and specifically recounts—is not without precedent. It is perhaps surprising that more states have not adopted specific procedural mechanisms for the expedited adjudication of disputes over the counting of ballots in a presidential election.

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No Second Thoughts about Second Look Sentencing

The MPC’s “second look” proposal and other sentence reduction provisions provide a blueprint for dealing with a problem the Obama Administration has worked hard to resolve over almost three years, with only partial success. That problem is the one reflected in the situation of hundreds – perhaps thousands – of federal prisoners serving lengthy no-parole sentences that would be less severe if imposed today.

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