Faculty Bibliography
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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.
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Alan Dershowitz, Defending the Constitution: Alan Dershowitz's Senate Argument Against Impeachment (2020).
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Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism fire for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to Donald Trump, especially after arguing on the president’s behalf before the U.S. Senate as it deliberated impeachment. Defending the Constitution seeks to refocus the debate over impeachment to the same standard that Dershowitz has upheld for decades: the law of the United States of America, as established by the Constitution. Citing legal examples from a long lineage of distinguished judges and attorneys, and examining the impeachment language in the Constitution itself, Dershowitz proves—first to the U.S. Senate, and now to readers everywhere—that President Trump should not have been impeached, and certainly should not be removed, for causes that do not meet the standards laid out by the founding fathers. This book is Alan Dershowitz’s argument for a return to nonpartisan judgment based on the Constitution, for a preservation of the separation of powers and the checks and balances that make American government great. It is essential reading for anyone interested in or concerned about the impeachment of President Trump, and for everyone who cares about the future of U.S. government and society.
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Alan Dershowitz, Guilt by Accusation: The Challenge of Proving Innocence in the Age of #MeToo (2019).
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Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under intense criticism for applying those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those accused of sexual misconduct. In Guilt by Accusation, Dershowitz provides an in‑depth analysis of the false accusations against him, alongside a full presentation of the exculpatory evidence that proves his account, including emails from his accuser and an admission of his innocence from her lawyer, David Boies. Additionally, he examines current attitudes toward accusations of sexual misconduct, which are today, in the age of #MeToo, accepted as implicit truth without giving the accused a fair chance to defend themselves and their innocence, and suggests possible pathways back to a society and legal system in which due process is respected above public opinion and the whims of social media mobs. This book is Alan Dershowitz’s plea for fairness for both accuser and accused, his principled stand for due process no matter the allegation, and his compelling assertion of his own innocence. It is essential reading for anyone who wants to know the inside story behind the accusations against him or who cares about the current societal debate over how we should handle accusations of sexual misconduct. The #MeToo movement has generally been a force for good, but as with many good movements, it is being exploited by some bad people for personal profit. Supporters of the #MeToo movement must not allow false accusers to hurt real victims by hiding behind its virtuous shield, turning it into an exploitive sword against innocent people.
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Alan M. Dershowitz, Defending Israel: The Story of My Relationship with My Most Challenging Client (2019).
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