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New law school hypothetical: McCain v. Obama

, The National Law Journal

Will the case of McCain v. Obama result in the same decision as Bush v. Gore? It's a possibility likely to strike fear in the hearts of an electorate stunned in 2000 by the Florida presidential battle and dread in the minds of a news media that haunted the halls of the court building that fall awaiting the decision. Election law scholar Edward B. Foley of Ohio State University Michael E. Moritz College of Law has taken his student's April final exam hypothetical and combined it with current election uncertainties into a legal-scientific experiment that was played out on Oct. 20 by leading Supreme Court practitioners and former judges in Washington, D.C.

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