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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 Constitutive and Evidential Aspects of Ordinary Meaning

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0003
Subject:
Law, Philosophy of Law

Chapter Three develops a theory of ordinary meaning and focuses on the tension between the inherent requirement of ordinary meaning that it be generalizable across contexts and the reality that ... More


The Sylvania Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?

Warren S. Grimes

in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.003.0013
Subject:
Economics and Finance, Behavioural Economics

This paper argues that free riding is a pretext. It offers a detailed analysis of fact and law in Business Electronics v. Sharp Electronics, a Supreme Court decision in which Justice Scalia ignored ... More


The common law system in America

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0018
Subject:
Law, Constitutional and Administrative Law

The common law world has one system of statutory interpretation, though some in the United States think constitutional enactments should be construed differently. A written constitution is incomplete ... More


Chapter Three The Constitutive and Evidential Aspects of Ordinary Meaning

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0003
Subject:
Law, Philosophy of Law

Chapter Three develops a theory of ordinary meaning and focuses on the tension between the inherent requirement of ordinary meaning that it be generalizable across contexts and the reality that ... More


Affirmative Action Baby

Corey Robin

in The Reactionary Mind: Conservatism from Edmund Burke to Sarah Palin

Published in print:
2011
Published Online:
February 2015
ISBN:
9780199793747
eISBN:
9780190252557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199793747.003.0006
Subject:
Political Science, Political Theory

This chapter analyzes Justice Antonin Scalia and his originalist jurisprudence. It suggests that Scalia's mission is to make everything come out wrong. A Scalia opinion, according to New Yorker ... More


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