Faculty Bibliography
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The Supremacy Clause is clear. Local officials pledging to resist his policy will lose in court.
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With its arrest warrants, the International Criminal Court disgraces the rule of international law.
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I’ve left the Democratic Party, but I don’t like the alternative. Here’s how Harris can win me over.
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He condemns ‘the antisemitic protests,’ then mumbles words of equivocation.
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The First Amendment protects the right to hear speech, including his criticisms of the trial.
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A warning to Biden that he risks losing the votes of Jewish Democrats like us.
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Other courts do not strike down the decisions of duly elected and appointed executive officers on the grounds of unreasonableness, even extreme unreasonableness.
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The evidence against the former president is powerful, but the jurors aren’t the only ones who will need convincing.
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No single person has done more to damage Israel’s standing in the world, and especially among so-called progressives, than George Soros.
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The Hungarian-born billionaire has done more than anyone to turn Americans against Israel.
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In both countries, people protest their judiciary, but in Israel, these protests have not turned violent even as tensions rise.
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Alan Dershowitz, Dershowitz on Killing: How the Law Decides Who Shall Live and Who Shall Die (2023).
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Although Israel will remain a vibrant democracy, it would be a far better democracy if the Supreme Court had the power to check and balance the majority regarding often unpopular basic rights.
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The current battle is not about democracy. It is about justice, the rule of law and minority rights, which are essential to making a democracy the best and fairest it can be.
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The marshal doesn’t have subpoena power, but the Judiciary Committee does.
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There are reforms that can be enacted without harming civil liberties, like reducing the jurisdiction of the Court over essentially political issues.
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Alito says the breach put justices’ lives in danger. That’s all the more reason for a serious investigation.
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Respect for civil liberties and the Constitution is more important than partisan differences.
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Mrs. Clinton should take her hat off. Treating like cases alike is crucial to the equal protection of the law.
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A Supreme Court decision could force colleges to move away from affirmative action and create true diversity on campus.
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The Times of London was wrong to report that I lobbied for a pardon for Ghislaine Maxwell.
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Cancel Culture is a defense of due process, free speech, and even-handedness in the application of judgment. It makes the case for restraint and care in decisions about whom and what to cancel, boycott, deplatform, and bar from public life, and offers recommendations for when, why, and to what degree these steps may be appropriate, as long as objective, fair-minded criteria can be determined and met. While Dershowitz argues against the worst excesses of cancel culture—the rush to judgment and the devastating results it can have on those who may be innocent, the power of social media to effect punishment without a thorough examination of evidence, the idea that historical events can be viewed through the same lens as actions in the present day—he also acknowledges that its defenders ostensibly try to use it to create meaningful, positive change, and notes that cancelling may itself be a constitutionally protected form of free speech. In the end, Cancel Culture represents an icon in the defense of free speech and due process reckoning with the greatest challenge and threat to these rights since the rise of McCarthyism. It is essential reading for anyone interested in or concerned about cancel culture, its effects on our society, and its significance in a greater historical and political context.
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Confirming Justice—Or Injustice? is an analysis of every aspect of the possible confirmation of Judge Amy Coney Barrett to fill the vacant seat left by the death of Ruth Bader Ginsburg. It includes timely commentary on the history and process of confirming justices to the Supreme Court, notes about what might happen if the process is changed—such as by court packing or instituting age or term limits for justices—and discussion of the roles of the various people and groups who might have input on the confirmation, from the president to the senate to the judiciary committee to the Constitution itself. In the end, Confirming Justice—Or Injustice? represents an icon in American law and politics reckoning with an increasingly politicized and polarized nomination-and-confirmation process for judges and what those shifts might mean for the country, both now and in days to come. It is essential reading for anyone interested in or concerned about Trump's nomination of Amy Coney Barrett and the process of her possible confirmation, the legacy of Ruth Bader Ginsburg, and the future and fate of the Supreme Court—and American democracy itself.
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As a professor for half a century, Dershowitz never told students what values to accept or which candidates to support, but helped guide them to conclusions based on their own sets of values. He does the same in this book.