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Our Secret Constitution: How Lincoln Redefined American Democracy

George P. Fletcher

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.001.0001
Subject:
Political Science, American Politics

This book asserts that the Civil War marks the end of one era of American legal history, and the beginning of another. Abraham Lincoln's famous Gettysberg Address is viewed as the beginning of a new ... More


Five Justices Decide the Election

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0002
Subject:
Political Science, American Politics

Outlines the constitutional and statutory framework within which presidential elections are conducted in the USA. Provides a brief chronology and an account of the US (Bush vs Gore) presidential ... More


The Inconsistency of the Majority Justices With Their Previously Expressed Views

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0005
Subject:
Political Science, American Politics

Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US ... More


The Importance of Bush v. Gore to All Americans

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0006
Subject:
Political Science, American Politics

Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US ... More


The Final Decision

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0003
Subject:
Political Science, American Politics

Gives an account of the final decision of the US Supreme Court on the Florida vote in the (Bush vs Gore) US presidential election of 2000. Includes discussion of the deliberations and decisions of ... More


Authoritarianism, Democracy and the Supreme Court: Horizontal Exchange and the Rule of Law in Mexico

Beatriz Magaloni

in Democratic Accountability in Latin America

Published in print:
2003
Published Online:
April 2005
ISBN:
9780199256372
eISBN:
9780191602368
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256373.003.0009
Subject:
Political Science, Democratization

This chapter examines the relationship between authoritarianism, democracy and the emergence of Supreme Court independence in Mexico. It presents three mechanisms to explain why party hegemony meant ... More


Theories of Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0003
Subject:
Political Science, American Politics

This chapter critically examines the most prominent theories which social scientists and legal scholars have developed to explain the role of precedent in constitutional law. It shows that legal ... More


The Golden Rule

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0004
Subject:
Political Science, American Politics

This chapter examines the multiple factors (ignored by most social scientists and legal scholars) limiting the path dependency of precedent—or the extent to which precedent forecloses or mandates ... More


The Patterns of Supreme Court Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0002
Subject:
Political Science, American Politics

This chapter provides a detailed overview of the Supreme Court's handling of precedent from the Jay Court through the Rehnquist Court. It examines the principal patterns in the justices' approach to ... More


Super Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0007
Subject:
Political Science, American Politics

This chapter examines the relatively rare, though highly significant circumstances in which precedents are practically immune to reconsideration or reversal. After reviewing the basic features that ... More


The Miranda Ruling: Its Past, Present, and Future

Lawrence S. Wrightsman and Mary L. Pitman

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.001.0001
Subject:
Psychology, Forensic Psychology

In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. ... More


Methodology in State Constitutional Rights Interpretation

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses methodology problems arising in cases where similar federal and state constitutional rights claims are raised. Most federal constitutional rights have been incorporated into ... More


Nonjudicial Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0005
Subject:
Political Science, American Politics

This chapter suggests that precedent is often discounted as a source in constitutional decision making because it is usually understood narrowly as judicial decisions. But it shows that a broader ... More


The Multiple Functions of Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195150506
eISBN:
9780199871131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195150506.003.0006
Subject:
Political Science, American Politics

In this chapter Professor Gerhardt demonstrates that precedents end up influencing and contributing to constitutional law in many ways other than constraint, which is the predominant concern of ... More


Introduction

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0001
Subject:
Political Science, American Politics

Presents the author's strong opinions on the ending of the 2000 US presidential election. Starts by pointing out that the five justices who ended the 2000 election by stopping the Florida hand ... More


Would the Majority Have Stopped the Hand Count if Gore Had Been Ahead?

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0004
Subject:
Political Science, American Politics

Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US ... More


Abstract and Concrete Review in the United States

Alec Stone Sweet and Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0011
Subject:
Political Science, Comparative Politics

The diffusion of constitutional judicial review over the past half-century has resulted in the emergence of two dominant ‘models’ of review, the American and the European. The European model, called ... More


The Behavior of Advocates before the Supreme Court

Lawrence S. Wrightsman

in Oral Arguments Before the Supreme Court: An Empirical Approach

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195368628
eISBN:
9780199867554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368628.003.0003
Subject:
Psychology, Forensic Psychology

Despite opportunities for practice and feedback before making an appearance before the Court, some advocates make errors—everything from strategic errors to mistaking one justice for another. This ... More


The Early Republic: Establishment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0002
Subject:
Political Science, American Politics

This chapter examines the establishment of the federal judiciary from the beginning of George Washington's first term as president in 1789 to the end of Thomas Jefferson's first term in 1805. It ... More


Jeffersonian and Jacksonian Democracy: Reorganization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0003
Subject:
Political Science, American Politics

This chapter examines the reorganization of the federal judiciary from the beginning of Thomas Jefferson's second term as president in 1805 until just prior to the Compromise of 1850. During the ... More


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