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Dissent And The Supreme Court
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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 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Dissent in the Supreme Court by : Percival E. Jackson
Download or read book Dissent in the Supreme Court written by Percival E. Jackson and published by William S. Hein & Co., Inc.. This book was released on 1969 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the legal thinking of the Supreme Court of the United States from the earliest period to the present, reflecting its members' strengths and weaknesses, restraints and excesses, philosophies and ideosyncrasies. Quotes extensively from the dissenting opinions of Supreme Court justices.
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 Dissent in the Supreme Court by : Percival E. Jackson
Download or read book Dissent in the Supreme Court written by Percival E. Jackson and published by . This book was released on 1969 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Dissent in the Supreme Court by : Percival E. Jackson
Download or read book Dissent in the Supreme Court written by Percival E. Jackson and published by Wm. S. Hein Publishing. This book was released on 1969 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the legal thinking of the Supreme Court of the United States from the earliest period to the present, reflecting its members' strengths and weaknesses, restraints and excesses, philosophies and ideosyncrasies. Quotes extensively from the dissenting opinions of Supreme Court justices.
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 Advice and Dissent by : Sarah A. Binder
Download or read book Advice and Dissent written by Sarah A. Binder and published by Rowman & Littlefield. This book was released on 2009-12-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system—a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek to harness the incentives of presidents and senators together. How well lawmakers confront the breakdown in advice and consent will have lasting consequences for the institutional capacity of the U.S. Senate and for the performance of the federal bench.
Book Synopsis The Right to Communicate Decisions and Dissents by : Mary Elizabeth Bezanson
Download or read book The Right to Communicate Decisions and Dissents written by Mary Elizabeth Bezanson and published by . This book was released on 1994 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the texts of thirty-three Supreme Court cases. The editor presents the case as well as the dissent in these cases which address four aspects of the right to communicate-messages, context, channel and access. Introduced by a short summary of the positions taken by the members of the court and the highlights of the case, this is a valuable text for students studying freedom of expression.
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 The Dissent of the Governed by : Stephen L. Carter
Download or read book The Dissent of the Governed written by Stephen L. Carter and published by Harvard University Press. This book was released on 1999-11 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text portrays America as dying from a refusal to engage a dialogue, a policy where everybody speaks but nobody listens. From this ailment the author provides a diagnosis which defends dialogue, negotiating conflict and keeping democracy alive.
Book Synopsis The Great Dissenter by : Peter S. Canellos
Download or read book The Great Dissenter written by Peter S. Canellos and published by Simon and Schuster. This book was released on 2021-06-08 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The “superb” (The Guardian) biography of an American who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan. They say that history is written by the victors. But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, John Marshall Harlan’s words helped end segregation and gave us our civil rights and our modern economic freedom. But his legacy would not have been possible without the courage of Robert Harlan, a slave who John’s father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court. At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. So as case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation’s prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the US. Harlan’s dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan’s Plessy dissent his “Bible”—and his legal roadmap to overturning segregation. In the end, Harlan’s words built the foundations for the legal revolutions of the New Deal and Civil Rights eras. Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is a “magnificent” (Douglas Brinkley) and “thoroughly researched” (The New York Times) rendering of the American legal system’s most significant failures and most inspiring successes.
Download or read book Be More RBG written by Marilyn Easton and published by Dorling Kindersley Ltd. This book was released on 2019-10-01 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dare to dissent. Fight for what you believe in. Change the world for the better-and do it all in a lacy collar. Let the "notorious RBG" teach you to find your work-life balance, stand up for your rights, dissent like a woman, and boss it on or off the bench. If you're ready to live life like the queen of the Supreme Court, tie your hair in a scrunchie, pop on those oversized glasses, and find out how to Be More RBG. Whether you feel like your dream career is a million miles away, you're struggling with your gym routine, or you want to change the world, but don't know how to start, ask yourself: What would RBG do? Then find the answers in Be More RBG, which is full of witty and wise quotes from Associate Supreme Court Justice Ruth Bader Ginsburg and tongue-in-cheek advice for every situation.
Download or read book Dissent written by Jackie Calmes and published by Hachette UK. This book was released on 2021-06-15 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring new interviews with his accusers and overlooked evidence of his deceptions, a deeply reported account of the life and confirmation of Brett Kavanaugh, set against the conservative movement's capture of the courts. In DISSENT, award-winning investigative journalist Jackie Calmes brings readers closer to the truth of who Supreme Court Justice Brett Kavanaugh is, where he came from, and how he and the Republican party at large managed to secure one of the highest seats of power in the land. Kavanaugh's rise to the justice who solidified conservative control of the supreme court is a story of personal achievement, but also a larger, political tale: of the Republican Party's movement over four decades toward the far right, and its parallel campaign to dominate the government's judicial branch as well as the other two. And Kavanaugh uniquely personifies this history. Fourteen years before reaching the Supreme Court, during a three-year fight for a seat on the D.C. Circuit Court of Appeals, Democratic Senator Dick Durbin would say to Kavanaugh, "It seems that you are the Zelig or Forrest Gump of Republican politics. You show up at every scene of the crime." Featuring revelatory new reporting and exclusive interviews, DISSENT is a harrowing look into the highest echelons of political power in the United States, and a captivating survey of the people who will do anything to have it.
Book Synopsis Dissent, Injustice, and the Meanings of America by : Steven H. Shiffrin
Download or read book Dissent, Injustice, and the Meanings of America written by Steven H. Shiffrin and published by Princeton University Press. This book was released on 2000-07-10 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
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 Democracy, Dissent, and Disorder by : Robert F. Drinan
Download or read book Democracy, Dissent, and Disorder written by Robert F. Drinan and published by . This book was released on 1969 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protest, Dissent, and the Supreme Court by : Robert L. Cord
Download or read book Protest, Dissent, and the Supreme Court written by Robert L. Cord and published by . This book was released on 1971 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
