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Not as Bad as Plessy. Worse.

Jed Rubenfeld

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0003
Subject:
Political Science, American Politics

This chapter addresses Bush v. Gore strictly from a legal point of view. It discusses why Bush v. Gore differs profoundly from cases like Roe or Plessy. It argues that the Bush v. Gore majority ... More


Partial (but not Partisan) Praise of Principle

Cuido Calabresi

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0005
Subject:
Political Science, American Politics

This chapter discusses the rather complex but crucial role of principle in judicial decision making. It begins with a sketch of three possible opinions that might have resolved Bush v. Gore in a ... More


An Unreasonable Reaction to a Reasonable Decision

Charles Fried

in Bush v. Gore: The Question of Legitimacy

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300093797
eISBN:
9780300127003
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300093797.003.0002
Subject:
Political Science, American Politics

This chapter discusses the Supreme Court's decision in Bush v. Gore. It argues that the case was correctly decided. It attempts to explain the reasonableness of Bush v. Gore, and its rightful place ... More


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