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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


Limits of Fundamental Rights in the Face of Terrorism

Christina Eckes

in EU Counter-Terrorist Policies and Fundamental Rights: The Case of Individual Sanctions

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199573769
eISBN:
9780191722158
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573769.003.0004
Subject:
Law, Human Rights and Immigration, EU Law

This chapter considers to what extent terrorism could justify exceptional restrictions on ordinary principles and rights. It seeks to identify how the European Court of Human Rights (ECtHR) and a ... 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


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


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


‘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


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


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


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


United States

Charles H Brower

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0017
Subject:
Law, Public International Law, Comparative Law

This chapter first describes the legal framework regulating the immunities of international organizations in US courts. Turning to case-law, it then examines jurisprudence relating to the United ... 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


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


Conflicts of Law and Internet Jurisdiction in the US

Julia Hörnle

in Internet Jurisdiction Law and Practice

Published in print:
2021
Published Online:
May 2021
ISBN:
9780198806929
eISBN:
9780191844454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198806929.003.0009
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 9 focuses on conflicts of law and jurisdiction in internet cases before the US courts and contrasts the US approach with that found in EU states. It examines jurisdiction as emanating from ... More


Benjamin’s Emergence as an American Lawyer and Politician

William C. Gilmore

in The Confederate Jurist: The Legal Life of Judah P. Benjamin

Published in print:
2021
Published Online:
January 2022
ISBN:
9781474482004
eISBN:
9781399501828
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474482004.003.0002
Subject:
Law, Legal History

This chapter reflects on Benjamin’s emergence as one of the leading American legal practitioners of his day. It considers his legal education in Louisiana, his first contribution to legal scholarship ... 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


US Scrutiny over China’s Trade Dominance

Angela Huyue Zhang

in Chinese Antitrust Exceptionalism: How The Rise of China Challenges Global Regulation

Published in print:
2021
Published Online:
July 2021
ISBN:
9780198826569
eISBN:
9780191865497
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826569.003.0005
Subject:
Law, Competition Law, Constitutional and Administrative Law

This chapter focuses on the US judicial inquiry into Chinese export cartels. It highlights the 2018 decision handed down by the US Supreme Court relating to a group of Chinese vitamin C producers and ... More


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