This week on Law Talk with Epstein and Yoo, it’s a presidential election extravaganza –moderated by Troy “Don’t Call Me Candy” Senik, as the professors analyze the state of the race, consider the prospect of a tie in the Electoral College and diagnose how to fix it (SPOILER ALERT: it involves an auction), debate whether the vice presidency makes any sense, and discuss their least favorite presidents. And since it’s October, they wrap it all up by getting called to account for their World Series predictions.

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Members have made 11 comments.

  1. Profile photo of Hang On Member
    • #1
    • October 28, 2012 at 1:04 am
  2. Profile photo of Israel P. Member

    If the president were chosen by “free electors,” they would be bribed with everything from jobs to money.

    • #2
    • October 28, 2012 at 2:13 am
  3. Profile photo of Israel P. Member

    535 + DC’s 3 = 538

    PS – You can never guarantee you won’t have a tie. Even if you have an odd number of electors, someone might vote for Ron Paul or Ralph Nader. Or just vote “present.”

    • #3
    • October 28, 2012 at 2:20 am
  4. Profile photo of Jan-Michael Rives Inactive

    We will bury Yoo!

    • #4
    • October 28, 2012 at 6:19 am
  5. Profile photo of randykat Inactive

    Richard Epstein’s discussion of what would happen if we changed from the Electoral College to a popular vote (and why you can’t extrapolate the results of one from another) should be required listening for every voter. The basic premise is – you can’t say who would have won if the rules were different. This goes for everything from national elections to the NASCAR championship and is exactly why instant replay would be a disaster for Major League Baseball. Once you start determining outcomes by the axiom “what would have happened IF” you get into the realm of endless possible paths to endless possible endings with the only clear result being that almost everyone would be pissed off about something.

    • #6
    • October 28, 2012 at 9:59 am
  6. Profile photo of randykat Inactive

    “Cooler minds would not prevail” Outstanding!

    • #7
    • October 28, 2012 at 10:04 am
  7. Profile photo of Pig Man Inactive

    The electoral college is an anachronism. We should just elect the President by a popular vote. But of course small states would never agree to changing the constitution to make that happen. I’m saying this even though I support Obama, who quite easily might win the election but lose the popular vote. It just ain’t right!

    • #8
    • October 28, 2012 at 10:15 am
  8. Profile photo of randykat Inactive
    Pig Man: The electoral college is an anachronism. We should just elect the President by a popular vote. 

    Of course a supporter of Obama would want to abolish the Electoral College since Obama despises states’ rights and believes that all power should be at the federal level.

    • #9
    • October 28, 2012 at 10:45 am
  9. Profile photo of Crow's Nest Member
    Pig Man: The electoral college is an anachronism. We should just elect the President by a popular vote. But of course small states would never agree to changing the constitution to make that happen. I’m saying this even though I support Obama, who quite easily might win the election but lose the popular vote. It just ain’t right! · 16 hours ago

    Those pesky small states and their insistence that they matter. And these institutions with their checks and balances. God, really, its exasperating trying get anything done.

    Deliberative element? What? Like, what does that even mean, Napoleon?

    • #10
    • October 29, 2012 at 2:46 am
  10. Profile photo of Last Outpost on the Right Thatcher

    And of course, all of the World Series predictions were wrong!

    I would enjoy taking some sort of test to validate everything I’ve learned from these podcasts. Then I could be certified in something or other.

    Prof. Epstein’s guidance on the protest vote is interesting to me, since I live in Maryland, where all of the races are preordained. The only interesting things on the ballot are the statewide referenda.

    • #11
    • November 5, 2012 at 3:23 am