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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


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


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


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


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


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


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


Protecting a Federal Right to Educational Equality and Adequacy

Joshua E. Weishart

in A Federal Right to Education: Fundamental Questions for Our Democracy

Published in print:
2019
Published Online:
September 2020
ISBN:
9781479893287
eISBN:
9781479872770
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479893287.003.0013
Subject:
Law, Philosophy of Law

In this chapter, Joshua E. Weishart notes that courts have resolved lawsuits invoking state constitutional rights in ways that have subdued the tension between two principles of justice: equality and ... More


Implying a Federal Constitutional Right to Education

Derek W. Black

in A Federal Right to Education: Fundamental Questions for Our Democracy

Published in print:
2019
Published Online:
September 2020
ISBN:
9781479893287
eISBN:
9781479872770
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479893287.003.0006
Subject:
Law, Philosophy of Law

In this chapter, Derek W. Black surveys the various litigation, judicial, and scholarly theories through which courts might recognize a right to education under the United States Constitution. He ... 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


Constitutional Protection and the Dynamic of Difference

Natsu Taylor Saito

in Settler Colonialism, Race, and the Law: Why Structural Racism Persists

Published in print:
2020
Published Online:
September 2020
ISBN:
9780814723944
eISBN:
9780814708170
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814723944.003.0010
Subject:
Law, Comparative Law

In American law and culture, the presumption is that the Constitution’s guarantees of due process and equal protection will effectively rid society of racial discrimination. In fact, however, the ... 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


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