Determinations Of Dissent

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I Dissent

Author : Mark Tushnet
Publisher : Beacon Press
ISBN 13 : 9780807000366
Total Pages : 260 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis I Dissent by : Mark Tushnet

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.

I Dissent

Author : Mark Tushnet
Publisher : Beacon Press
ISBN 13 : 0807000361
Total Pages : 0 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis I Dissent by : Mark Tushnet

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 0 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.

Determinations of Dissent

Author : Marta Bashovski
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)

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Book Synopsis Determinations of Dissent by : Marta Bashovski

Download or read book Determinations of Dissent written by Marta Bashovski and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation examines the significance of the politics of classification to how we have come to understand and study practices of protest and dissent. I trace the politics of classification in the history of political thought, and highlight how the categories of thought often most deeply associated with the promises of the Euro-modern Enlightenment constitute both aspirations and limits to questions of dissent and political transformation. These modern aspirations and limits, I argue, have tended to fall into one of two traditions - a Kantian/Foucauldian tradition and a Hegelian/Marxian tradition. While the Hegelian/Marxian tradition involves a specific, progressivist theory of the subject, lines of thought associated with this tradition tend to be reductionist. By contrast, the Kantian/Foucauldian tradition is not reductionist in the same way as the Hegelian/Marxian, and involves both an ontological and an epistemological theory of classification, but is constrained by its own constitutive limits. I apply these theoretical insights to a study of how a range of sympathetic, progressivist commentators - from journalists, to activists, to academics - have attempted to explain the 2009-2013 wave of global protests. Examining commentaries that discuss and link events ranging from the Syntagma Square and indignadas protests in Greece and Spain, the Occupy Wall Street movement and the summer 2013 protests in Brazil, Turkey and Bulgaria, I show that these commentaries claim novel politics but ignore the politics of classification within which their own work operates. This lack of attention paid to the politics of classification by both participants and commentators in progressive politics is symptomatic of a hegemony of the particular classificatory practices and categories I have identified. I suggest that explanations of protests often clustered around three key issues - or three ways that commentators claimed something was changing - claims to novelty, claims to the emergence of new forms of subjectivity, and claims around changing structures of authority. To take seriously the question of dissent, I conclude that we must take into account the epistemological inheritances within which our claims about practices of dissent are located.

Revolutionary Dissent

Author : Stephen D. Solomon
Publisher : St. Martin's Press
ISBN 13 : 1466879394
Total Pages : 368 pages
Book Rating : 4.4/5 (668 download)

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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.

Why Dissent Matters

Author : William Kaplan
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773550844
Total Pages : 356 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Why Dissent Matters by : William Kaplan

Download or read book Why Dissent Matters written by William Kaplan and published by McGill-Queen's Press - MQUP. This book was released on 2017-06-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frances Kelsey was a quiet Canadian doctor and scientist who stood up to a huge pharmaceutical company wanting to market a new drug - thalidomide - and prevented an American tragedy. The nature writer Rachel Carson identified an emerging environmental disaster and pulled the fire alarm. Public protests, individual dissenters, judges, and juries can change the world - and they do. A wide-ranging and provocative work on controversial subjects, Why Dissent Matters tells a story of dissent and dissenters - people who have been attacked, bullied, ostracized, jailed, and, sometimes when it is all over, celebrated. William Kaplan shows that dissent is noisy, messy, inconvenient, and almost always time-consuming, but that suppressing it is usually a mistake - it’s bad for the dissenter but worse for the rest of us. Drawing attention to the voices behind international protests such as Occupy Wall Street and Boycott, Divest, and Sanction, he contends that we don’t have to do what dissenters want, but we should listen to what they say. Our problems are not going away. There will always be abuses of power to confront, wrongs to right, and new opportunities for dissenting voices to say, "Stop, listen to me." Why Dissent Matters may well lead to a different and more just future.

Loyal Dissent

Author : Charles E. Curran
Publisher : Georgetown University Press
ISBN 13 : 9781589013636
Total Pages : 324 pages
Book Rating : 4.0/5 (136 download)

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Book Synopsis Loyal Dissent by : Charles E. Curran

Download or read book Loyal Dissent written by Charles E. Curran and published by Georgetown University Press. This book was released on 2006-05-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loyal Dissent is the candid and inspiring story of a Catholic priest and theologian who, despite being stripped of his right to teach as a Catholic theologian by the Vatican, remains committed to the Catholic Church. Over a nearly fifty-year career, Charles E. Curran has distinguished himself as the most well-known and the most controversial Catholic moral theologian in the United States. On occasion, he has disagreed with official church teachings on subjects such as contraception, homosexuality, divorce, abortion, moral norms, and the role played by the hierarchical teaching office in moral matters. Throughout, however, Curran has remained a committed Catholic, a priest working for the reform of a pilgrim church. His positions, he insists, are always in accord with the best understanding of Catholic theology and always dedicated to the good of the church. In 1986, years of clashes with church authorities finally culminated in a decision by the Congregation for the Doctrine of the Faith, headed by then-Cardinal Josef Ratzinger, that Curran was neither suitable nor eligible to be a professor of Catholic theology. As a result of that Vatican condemnation, he was fired from his teaching position at Catholic University of America and, since then, no Catholic university has been willing to hire him. Yet Curran continues to defend the possibility of legitimate dissent from those teachings of the Catholic faith—not core or central to it—that are outside the realm of infallibility. In word and deed, he has worked in support of more academic freedom in Catholic higher education and for a structural change in the church that would increase the role of the Catholic community—from local churches and parishes to all the baptized people of God. In this poignant and passionate memoir, Curran recounts his remarkable story from his early years as a compliant, pre-Vatican II Catholic through decades of teaching and writing and a transformation that has brought him today to be recognized as a leader of progressive Catholicism throughout the world.

I Dissent

Author : Debbie Levy
Publisher : Simon and Schuster
ISBN 13 : 1481465600
Total Pages : 42 pages
Book Rating : 4.4/5 (814 download)

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Book Synopsis I Dissent by : Debbie Levy

Download or read book I Dissent written by Debbie Levy and published by Simon and Schuster. This book was released on 2016-09-20 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Get to know celebrated Supreme Court justice Ruth Bader Ginsburg—in the first picture book about her life—as she proves that disagreeing does not make you disagreeable! Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing: disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. This biographical picture book about the Notorious RBG, tells the justice’s story through the lens of her many famous dissents, or disagreements.

Dissent and the Supreme Court

Author : Melvin I. Urofsky
Publisher : Vintage
ISBN 13 : 110187063X
Total Pages : 545 pages
Book Rating : 4.1/5 (18 download)

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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.

Supreme Court Decision-Making

Author : Cornell W. Clayton
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Supreme Court Decision-Making by : Cornell W. Clayton

Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Scalia Dissents

Author : Antonin Scalia
Publisher : Simon and Schuster
ISBN 13 : 1596987006
Total Pages : 321 pages
Book Rating : 4.5/5 (969 download)

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Book Synopsis Scalia Dissents by : Antonin Scalia

Download or read book Scalia Dissents written by Antonin Scalia and published by Simon and Schuster. This book was released on 2012-04-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

Deciding to Decide

Author : H. W. Perry
Publisher : Harvard University Press
ISBN 13 : 9780674042063
Total Pages : 332 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Deciding to Decide by : H. W. Perry

Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

The Brethren

Author : Bob Woodward
Publisher : Simon and Schuster
ISBN 13 : 1439126348
Total Pages : 717 pages
Book Rating : 4.4/5 (391 download)

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Book Synopsis The Brethren by : Bob Woodward

Download or read book The Brethren written by Bob Woodward and published by Simon and Schuster. This book was released on 2011-05-31 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

Practical Equality: Forging Justice in a Divided Nation

Author : Robert Tsai
Publisher : W. W. Norton & Company
ISBN 13 : 0393652033
Total Pages : 288 pages
Book Rating : 4.3/5 (936 download)

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Book Synopsis Practical Equality: Forging Justice in a Divided Nation by : Robert Tsai

Download or read book Practical Equality: Forging Justice in a Divided Nation written by Robert Tsai and published by W. W. Norton & Company. This book was released on 2019-02-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time. Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality at all—ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech—have often been used to overcome resistance to justice and remain vital today. Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: 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. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more. Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.

The Intricacies of Dicta and Dissent

Author : Neil Duxbury
Publisher : Cambridge University Press
ISBN 13 : 1108898815
Total Pages : 513 pages
Book Rating : 4.1/5 (88 download)

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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.

Advise & Dissent

Author : James Abourezk
Publisher : Chicago Review Press
ISBN 13 : 1569763623
Total Pages : 463 pages
Book Rating : 4.5/5 (697 download)

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Book Synopsis Advise & Dissent by : James Abourezk

Download or read book Advise & Dissent written by James Abourezk and published by Chicago Review Press. This book was released on 1989-09-01 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: The life story of the founder of ADC, from his parents' farm in South Dakota to the halls of the Senate, where he refused to compromise his principles.

Bending Toward Justice

Author : Gary May
Publisher : Basic Books
ISBN 13 : 0465050735
Total Pages : 337 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Bending Toward Justice by : Gary May

Download or read book Bending Toward Justice written by Gary May and published by Basic Books. This book was released on 2013-04-09 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Fifteenth Amendment of 1870 granted African Americans the right to vote, it seemed as if a new era of political equality was at hand. Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders -- as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act's hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot -- although, as May shows, the fight for voting rights is by no means over.

The Theory of Self-Determination

Author : Fernando R. Tesón
Publisher : Cambridge University Press
ISBN 13 : 1107119138
Total Pages : 259 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Theory of Self-Determination by : Fernando R. Tesón

Download or read book The Theory of Self-Determination written by Fernando R. Tesón and published by Cambridge University Press. This book was released on 2016-04-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.