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Constituting Dissent
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Book Synopsis Dissent and the Supreme Court by : Melvin I. Urofsky
Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2015-10-13 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Book Synopsis Silencing Political Dissent by : Nancy Chang
Download or read book Silencing Political Dissent written by Nancy Chang and published by Seven Stories Press. This book was released on 2002-07-09 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: In her groundbreaking new book, Silencing Political Dissent, constitutional expert Nancy Chang examines how the Bush administration's fight against terrorism is resulting in a disturbing erosion of First Amendment rights and increase of executive power. Chang's compelling analysis begins with a historical review of political repression and intolerance of dissent in America. From the Sedition Act of 1798, through the Smith Act of the 1940s and the internment of Japanese Americans in World War II, to the FBI's infamous COINTELPRO program of the 1960s, Chang recalls how during times of crisis and war, the U.S. government has unjustly detained individuals, invaded personal privacy, and hampered the free speech of Americans. Chang's expertise as a senior constitutional attorney shines through in the power and clarity of her argument. Meticulously researched and footnoted, Chang's book forces us to challenge the government when it is unpopular to do so, and to consider that perhaps "our future safety lies in the expansion, rather the contraction, of the democratic values set forth in the Constitution."
Book Synopsis Worlds of Dissent by : Jonathan Bolton
Download or read book Worlds of Dissent written by Jonathan Bolton and published by Harvard University Press. This book was released on 2012-04-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worlds of Dissent analyzes the myths of Central European resistance popularized by Western journalists and historians, and replaces them with a picture of the struggle against state repression as the dissidents themselves understood, debated, and lived it. In the late 1970s, when Czech intellectuals, writers, and artists drafted Charter 77 and called on their government to respect human rights, they hesitated to name themselves "dissidents." Their personal and political experiences--diverse, uncertain, nameless--have been obscured by victory narratives that portray them as larger-than-life heroes who defeated Communism in Czechoslovakia. Jonathan Bolton draws on diaries, letters, personal essays, and other first-person texts to analyze Czech dissent less as a political philosophy than as an everyday experience. Bolton considers not only Václav Havel but also a range of men and women writers who have received less attention in the West--including Ludvík Vaculík, whose 1980 diary The Czech Dream Book is a compelling portrait of dissident life. Bolton recovers the stories that dissidents told about themselves, and brings their dilemmas and decisions to life for contemporary readers. Dissidents often debated, and even doubted, their own influence as they confronted incommensurable choices and the messiness of real life. Portraying dissent as a human, imperfect phenomenon, Bolton frees the dissidents from the suffocating confines of moral absolutes. Worlds of Dissent offers a rare opportunity tounderstand the texture of dissent in a closed society.
Download or read book I Dissent written by Mark Tushnet and published by Beacon Press. This book was released on 2008-06-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
Book Synopsis The Schoolhouse Gate by : Justin Driver
Download or read book The Schoolhouse Gate written by Justin Driver and published by Vintage. This book was released on 2019-08-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Book Synopsis Diagnosing Dissent by : Rebecca Ayako Bennette
Download or read book Diagnosing Dissent written by Rebecca Ayako Bennette and published by Cornell University Press. This book was released on 2020-10-15 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although physicians during World War I, and scholars since, have addressed the idea of disorders such as shell shock as inchoate flights into sickness by men unwilling to cope with war's privations, they have given little attention to the agency many soldiers actually possessed to express dissent in a system that medicalized it. In Germany, these men were called Kriegszitterer, or "war tremblers," for their telltale symptom of uncontrollable shaking. Based on archival research that constitutes the largest study of psychiatric patient files from 1914 to 1918, Diagnosing Dissent examines the important space that wartime psychiatry provided soldiers expressing objection to the war. Rebecca Ayako Bennette argues that the treatment of these soldiers was far less dismissive of real ailments and more conducive to individual expression of protest than we have previously thought. In addition, Diagnosing Dissent provides an important reevaluation of German psychiatry during this period. Bennette's argument fundamentally changes how we interpret central issues such as the strength of the German Rechtsstaat and the continuities or discontinuities between the events of World War I and the atrocities committed—often in the name of medicine and sometimes by the same physicians—during World War II.
Book Synopsis Revolutionary Dissent by : Stephen D. Solomon
Download or read book Revolutionary Dissent written by Stephen D. Solomon and published by St. Martin's Press. This book was released on 2016-04-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: When members of the founding generation protested against British authority, debated separation, and then ratified the Constitution, they formed the American political character we know today-raucous, intemperate, and often mean-spirited. Revolutionary Dissent brings alive a world of colorful and stormy protests that included effigies, pamphlets, songs, sermons, cartoons, letters and liberty trees. Solomon explores through a series of chronological narratives how Americans of the Revolutionary period employed robust speech against the British and against each other. Uninhibited dissent provided a distinctly American meaning to the First Amendment's guarantees of freedom of speech and press at a time when the legal doctrine inherited from England allowed prosecutions of those who criticized government. Solomon discovers the wellspring in our revolutionary past for today's satirists like Jon Stewart and Stephen Colbert, pundits like Rush Limbaugh and Keith Olbermann, and protests like flag burning and street demonstrations. From the inflammatory engravings of Paul Revere, the political theater of Alexander McDougall, the liberty tree protests of Ebenezer McIntosh and the oratory of Patrick Henry, Solomon shares the stories of the dissenters who created the American idea of the liberty of thought. This is truly a revelatory work on the history of free expression in America.
Book Synopsis The Intricacies of Dicta and Dissent by : Neil Duxbury
Download or read book The Intricacies of Dicta and Dissent written by Neil Duxbury and published by Cambridge University Press. This book was released on 2021-08-12 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.
Book Synopsis The Oxford Handbook of Social Movements by : Donatella Della Porta
Download or read book The Oxford Handbook of Social Movements written by Donatella Della Porta and published by Oxford University Press. This book was released on 2015 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook presents a most updated and comprehensive exploration of social movement research. It not only maps, but also expands the field of social movement studies, taking stock of recent developments in cognate areas of studies, within and beyond sociology and political science. While structured around traditional social movement concepts, each section combines the mapping of the state of the art with attempts to broaden our knowledge of social movements beyond classic theoretical agendas, and to identify the contribution that social movement studies can give to other fields of knowledge.
Book Synopsis The Dissent Channel by : Elizabeth Shackelford
Download or read book The Dissent Channel written by Elizabeth Shackelford and published by PublicAffairs. This book was released on 2020-05-12 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: A young diplomat's account of her assignment in South Sudan, a firsthand example of US foreign policy that has failed in its diplomacy and accountability around the world. In 2017, Elizabeth Shackelford wrote a pointed resignation letter to her then boss, Secretary of State Rex Tillerson. She had watched as the State Department was gutted, and now she urged him to stem the bleeding by showing leadership and commitment to his diplomats and the country. If he couldn't do that, she said, "I humbly recommend that you follow me out the door." With that, she sat down to write her story and share an urgent message. In The Dissent Channel, former diplomat Elizabeth Shackelford shows that this is not a new problem. Her experience in 2013 during the precarious rise and devastating fall of the world's newest country, South Sudan, exposes a foreign policy driven more by inertia than principles, to suit short-term political needs over long-term strategies. Through her story, Shackelford makes policy and politics come alive. And in navigating both American bureaucracy and the fraught history and present of South Sudan, she conveys an urgent message about the devolving state of US foreign policy.
Book Synopsis Practical Equality: Forging Justice in a Divided Nation by : Robert L. Tsai
Download or read book Practical Equality: Forging Justice in a Divided Nation written by Robert L. Tsai and published by W. W. Norton & Company. This book was released on 2019-02-19 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A work of striking political and legal imagination.” —Aziz Rana, author of The Two Faces of American Freedom Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.
Book Synopsis Dissenting Voices in American Society by : Austin Sarat
Download or read book Dissenting Voices in American Society written by Austin Sarat and published by Cambridge University Press. This book was released on 2012-01-31 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
Book Synopsis Freedom for the Thought That We Hate by : Anthony Lewis
Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Book Synopsis Judicial Dissent in European Constitutional Courts by : Katalin Kelemen
Download or read book Judicial Dissent in European Constitutional Courts written by Katalin Kelemen and published by Routledge. This book was released on 2017-09-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.
Book Synopsis Anti-computing by : Caroline Bassett
Download or read book Anti-computing written by Caroline Bassett and published by Manchester University Press. This book was released on 2022-02-22 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a moment of high anxiety around digital transformation. Computers are blamed for generating toxic forms of culture and ways of life. Once part of future imaginaries that were optimistic or even utopian, today there is a sense that things have turned out very differently. Anti-computing is widespread. This book seeks to understand its cultural and material logics, its forms, and its operations. Anti-Computing critically investigates forgotten histories of dissent – moments when the imposition of computational technologies, logics, techniques, imaginaries, utopias have been questioned, disputed, or refused. It asks why dissent is forgotten and how - under what circumstances - it revives. Constituting an engagement with media archaeology/medium theory and working through a series of case studies, this book is compelling reading for scholars in digital media, literary, cultural history, digital humanities and associated fields at all levels.
Download or read book Dark Ghettos written by Tommie Shelby and published by Harvard University Press. This book was released on 2016-11 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Spitz Prize, Conference for the Study of Political Thought Winner of the North American Society for Social Philosophy Book Award Why do American ghettos persist? Scholars and commentators often identify some factor—such as single motherhood, joblessness, or violent street crime—as the key to solving the problem and recommend policies accordingly. But, Tommie Shelby argues, these attempts to “fix” ghettos or “help” their poor inhabitants ignore fundamental questions of justice and fail to see the urban poor as moral agents responding to injustice. “Provocative...[Shelby] doesn’t lay out a jobs program or a housing initiative. Indeed, as he freely admits, he offers ‘no new political strategies or policy proposals.’ What he aims to do instead is both more abstract and more radical: to challenge the assumption, common to liberals and conservatives alike, that ghettos are ‘problems’ best addressed with narrowly targeted government programs or civic interventions. For Shelby, ghettos are something more troubling and less tractable: symptoms of the ‘systemic injustice’ of the United States. They represent not aberrant dysfunction but the natural workings of a deeply unfair scheme. The only real solution, in this way of thinking, is the ‘fundamental reform of the basic structure of our society.’” —James Ryerson, New York Times Book Review
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
