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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


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


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


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


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


Supreme Injustice: How the High Court Hijacked Election 2000

Alan M. Dershowitz

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.001.0001
Subject:
Political Science, American Politics

Millions of Americans were mystified by, and outraged, by the US Supreme Court's role in deciding the presidential election of 2000. The Court had held a unique place in the system of checks and ... 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


‘There is A World Elsewhere’—Lord Bingham and Comparative Law

Mads Andenas and Duncan Fairgrieve

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0052
Subject:
Law, Legal History

This chapter analyses Lord Bingham's pioneer contribution to the use of comparative law in the courts. It explains how courts have to use foreign law in many contexts, and some may find surprising ... More


The United States of America

Mark Tushnet

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0010
Subject:
Law, Public International Law, EU Law

This chapter examines judicial activism in the US Supreme Court. For discussions of judicial activism to be analytically illuminating, a reasonably uncontroversial baseline is needed against which ... More


Coda

Richard Ellis E.

in Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.003.0009
Subject:
History, American History: 19th Century

This chapter surveys the remaining states of North Carolina, Pennsylvania, and Kentucky, where taxes were levied against branches of the 2 BUS, and demonstrates how fragmented, different and ... More


Ohio and Georgia before the U.S. Supreme Court

Richard Ellis E.

in Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195323566
eISBN:
9780199788705
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195323566.003.0008
Subject:
History, American History: 19th Century

This chapter examines the US Supreme Court's decision in Osborn et. al. v. The Bank of the United States (1824). It also treats developments in the state of Georgia which culminated in another US ... More


Reason, Passions, and Free Speech

John Finnis

in Reason in Action: Collected Essays Volume I

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580057
eISBN:
9780191729379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580057.003.0018
Subject:
Law, Philosophy of Law

This chapter presents a 1967 essay, cited in the US Supreme Court's lasting settlement of obscenity law in 1973, and it explores the applicability of the classic and Humean distinctions between ... More


Introduction

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0001
Subject:
Law, Constitutional and Administrative Law

This book is divided into two clear parts. The first is devoted to governmental power and sketches the structure of the federal government of the United States. It focuses on the separation of powers ... More


The Deviations: Political Over- and Non-comparisons

Michal Bobek

in Comparative Reasoning in European Supreme Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680382
eISBN:
9780191760280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680382.003.0015
Subject:
Law, Constitutional and Administrative Law, Comparative Law

The chapter seeks to conceptualize the deviations from the normal tolerant openness towards comparative inspiration established legal systems generally demonstrate. The first part of the chapter ... More


American gun rights: from national defense to self-defense

Justin A. Joyce

in Gunslinging justice: The American culture of gun violence in Westerns and the law

Published in print:
2018
Published Online:
May 2019
ISBN:
9781526126160
eISBN:
9781526138743
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526126160.003.0004
Subject:
Film, Television and Radio, Film

Equally important to the development of American law, as well as the Western's imagination of gunslinging heroics, is the constitutional guarantee of gun possession, a guarantee explored in this ... More


Sham Transactions in the United States 1

Joshua D. Blank and Nancy Staudt

in Sham Transactions

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685349
eISBN:
9780191770531
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685349.003.0004
Subject:
Law, Company and Commercial Law, Philosophy of Law

This chapter first examines corporate tax shams and the US Supreme Court’s response to these transactions. It then turns to sham-like behaviour in other taxation contexts. The US Supreme Court ... More


No retreat: American self-defense doctrine

Justin A. Joyce

in Gunslinging justice: The American culture of gun violence in Westerns and the law

Published in print:
2018
Published Online:
May 2019
ISBN:
9781526126160
eISBN:
9781526138743
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526126160.003.0003
Subject:
Film, Television and Radio, Film

This chapter outlines shifts in the American legal system related to justifiable gun violence. A crucial juridical shift, the transition wrought by American self-defense doctrine from the English ... More


Aiming a Blow at their Very Vitals: U.S. Interdiction of Trade with Haiti

Julia Gaffield

in Haitian Connections In the Atlantic World: Recognition after Revolution

Published in print:
2015
Published Online:
May 2016
ISBN:
9781469625621
eISBN:
9781469625645
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469625621.003.0005
Subject:
History, Latin American History

Chapter 4 systematically examines the debates in the United States in light of Haiti’s interactions with France and Britain. For the two years after Haitian independence trade with Haiti was legal in ... More


Hughes

Daniel R. Ernst

in Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199920860
eISBN:
9780199377206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199920860.003.0003
Subject:
Political Science, American Politics

No person has a better claim to being the judicial architect of America's peculiarly legalistic administrative state than Charles Evans Hughes. The proper design of administration occupied him ... More


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