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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


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


Equality Without Vision

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0008
Subject:
Political Science, American Politics

This chapter discusses the paradoxical ways that the Civil War served to strengthen states’ rights. Abolition was countered in many states by the enactment of “the Black Codes”, undermining the ... More


A Maxim of Justice: Its Birth and Rebirth

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0009
Subject:
Political Science, American Politics

This chapter asserts that the U.S. traces the principle of equality to the idea that human beings were created in God's image, and discusses the evolution of the doctrine of equal protection via ... 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


Racial Discrimination and Affirmative Action: The Meaning of Equal Protection

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.008
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion of the coverage of the Equal Protection Clause in the Constitution. It then turns to a study of how equal protection principles have played out in practice, in ... More


Forging a Gender Contract in Early National and International Labour Regulation

Leah F. Vosko

in Managing the Margins: Gender, Citizenship, and the International Regulation of Precarious Employment

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199574810
eISBN:
9780191722080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199574810.003.0002
Subject:
Business and Management, Political Economy, HRM / IR

This chapter traces the prehistory of the SER at the national and international levels, demonstrating its gendered roots. Building on scholarship in women's history illustrating how early attempts to ... More


Discrimination on the Basis of Sex, Sexual Orientation, and Other Characteristics: Translating 1 Equal Protection

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.009
Subject:
Law, Constitutional and Administrative Law

Race discrimination was the original target of the Equal Protection Clause of the Fourteenth Amendment and remains in modern times the archetypal example of the type of discrimination the clause was ... More


Lockstepping State Constitutional Rights with Federal Constitutional Law

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/9780195343083.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the practice — adopted by a number of state courts — of stating that state constitutional rights provisions will be interpreted identically to, or in “lockstep” with, similar ... More


Equality

Jeffrey M. Shaman

in Equality and Liberty in the Golden Age of State Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter provides an historical and theoretical overview of the conception of equality in state constitutional law. Equality is a principle that enjoys a long history in state constitutional law. ... More


The Revolution That Never Was

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0007
Subject:
Political Science, American Politics

This chapter addresses the problems arising from the clash of old and new ideologies during Reconstruction. Questions of federalism and states’ rights, and of equal protection and citizenship in ... More


Representing Mute Interests

Robert E. Goodin

in Reflective Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199256174
eISBN:
9780191599354
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256179.003.0011
Subject:
Political Science, Political Theory

By imagining ourselves in the place of others, ‘democratic deliberation within’ enables us to bring their interests to bear on democratic decision‐making. Democratically desirable though that always ... 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


Power & Rights in US Constitutional Law

Thomas Lundmark

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.001.0001
Subject:
Law, Constitutional and Administrative Law

This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing body and the governed. It is, in short, about democratic ... More


The Supreme Court in the Era of Bifurcated Review IV: Equal Protection Cases

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0011
Subject:
Law, Legal History, Constitutional and Administrative Law

Equal protection arguments were once described by Justice Oliver Wendell Holmes as the “last resort” of persons making constitutional claims. The court’s reliance on the Equal Protection Clause was ... More


Jane Crow (1960s)

Sarah Azaransky

in The Dream Is Freedom: Pauli Murray and American Democratic Faith

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199744817
eISBN:
9780199897308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744817.003.0004
Subject:
Religion, Religion and Society

This chapter describes landmark legal arguments Murray made about equal protection in the 1960s. Using the category of “Jane Crow,” she demanded that the law be responsive to the synthetic nature of ... More


The Constitutionalization of American Family Law: The Case of the Right to Marry

Jerome A. Barron

in Cross Currents: Family Law and Policy in the US and England

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198268208
eISBN:
9780191683442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268208.003.0012
Subject:
Law, Family Law

Under the U.S. Constitution, the freedom to marry, or not marry, a person of another race resides in the individual and cannot be infringed by the State. Chief Justice Earl Warren protected the ... More


Regulatory Rights

in Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226944715
eISBN:
9780226944739
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226944739.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the reach of rational instrumentalism in the Supreme Court's development of substantive rights in order to explain and appreciate how thoroughly instrumentalism predominates. ... More


The United States Constitution: Immutable Status and Sex Discrimination Arguments

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198264880
eISBN:
9780191682841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264880.003.0003
Subject:
Law, Human Rights and Immigration

In the aftermath of the Supreme Court case Bowers v. Hardwick, gay, lesbian, and bisexual plaintiffs have looked for alternatives to a right of privacy argument under the United States constitution. ... More


Sex Discrimination and Race Preferences

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0011
Subject:
Philosophy, Political Philosophy

In 1873, the courts upheld in Bradwell v. Illinois a state statute excluding women from the practice of law, a decision that was almost certainly consistent with the Fourteenth Amendment's original ... More


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