Dissenting and Separate Opinions at the World Court

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024729203
Total Pages : 360 pages
Book Rating : 4.7/5 (292 download)

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Book Synopsis Dissenting and Separate Opinions at the World Court by : Ijaz Hussain

Download or read book Dissenting and Separate Opinions at the World Court written by Ijaz Hussain and published by Martinus Nijhoff Publishers. This book was released on 1984-10-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition differs from its predecessors in that, at the request of many French-speaking & other jurists, it is now completely bilingual, in the two official languages of the International Court of Justice under Article 39 of the Statute -English & French. As before, this compilation aims to provide the practitioner in the Court, the diplomat, the politician & the student with a handy & complete collection of documents relating to the operation of the International Court of Justice, the principal judicial organ of the United Nations. In order to increase the usefulness of this compilation, the unofficial translations of the Rules of Court of 1978 into Arabic, Chinese, Russian & Spanish -the official languages of the United Nations -have been included.

The International Court of Justice

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198779070
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The International Court of Justice by : H. W. A. Thirlway

Download or read book The International Court of Justice written by H. W. A. Thirlway and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.

Dissent and the Supreme Court

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Author :
Publisher : Vintage
ISBN 13 : 030774132X
Total Pages : 546 pages
Book Rating : 4.3/5 (77 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 2017-01-10 with total page 546 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.

I Dissent

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Author :
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.

Scalia Dissents

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Author :
Publisher : Simon and Schuster
ISBN 13 : 1596987006
Total Pages : 265 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 265 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.

Judicial Dissent in European Constitutional Courts

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Author :
Publisher :
ISBN 13 : 9781472482235
Total Pages : 226 pages
Book Rating : 4.4/5 (822 download)

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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 . This book was released on 2017 with total page 226 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.

Journal of the American Judicature Society

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Author :
Publisher :
ISBN 13 :
Total Pages : 636 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Journal of the American Judicature Society by :

Download or read book Journal of the American Judicature Society written by and published by . This book was released on 1923 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Dissent in European Constitutional Courts

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Author :
Publisher : Routledge
ISBN 13 : 1317110048
Total Pages : 242 pages
Book Rating : 4.3/5 (171 download)

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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.

Judge Shigeru Oda and the Progressive Development of International Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792322573
Total Pages : 690 pages
Book Rating : 4.3/5 (225 download)

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Book Synopsis Judge Shigeru Oda and the Progressive Development of International Law by : Shigeru Oda

Download or read book Judge Shigeru Oda and the Progressive Development of International Law written by Shigeru Oda and published by Martinus Nijhoff Publishers. This book was released on 1993-04-15 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume inaugurates a new series, "The Judges," which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series is launched with the Judicial Opinions of Shigeru Oda, currently Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. An introductory essay examines the diverse educational and professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan and in the United States, through his subsequent professional career in universities and government service and at international academic-scientific and diplomatic reunions over the years. The study includes a "resume "and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.

Dissenting Voices in American Society

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Publisher : Cambridge University Press
ISBN 13 : 1107378990
Total Pages : 251 pages
Book Rating : 4.1/5 (73 download)

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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.

The Case Law of the International Court

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (271 download)

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Book Synopsis The Case Law of the International Court by : International Court of Justice

Download or read book The Case Law of the International Court written by International Court of Justice and published by . This book was released on 1976 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

When Dissents Matter

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Publisher : University of Virginia Press
ISBN 13 : 081395018X
Total Pages : 190 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis When Dissents Matter by : Pamela C. Corley

Download or read book When Dissents Matter written by Pamela C. Corley and published by University of Virginia Press. This book was released on 2023-09-26 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ability of US Supreme Court justices to dissent from the majority, to formally register and explain their belief that a case has been wrongly decided, represents a time-honored tradition of perhaps the most august American institution. Yet the impact of these dissents, which allow justices to engage in a dialogue over law and policy, has seldom, if ever, been the focus of dedicated study. Analyzing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why. Drawing on the private papers of the justices and original data, this book demonstrates that court majorities engage with dissents posing a particular threat to their opinions, and that they can be persuaded by thoughtful and careful dissenting arguments.

Judge Shigeru Oda and the Path to Judicial Wisdom

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Author :
Publisher : BRILL
ISBN 13 : 9004143394
Total Pages : 626 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Judge Shigeru Oda and the Path to Judicial Wisdom by : Shigeru Oda

Download or read book Judge Shigeru Oda and the Path to Judicial Wisdom written by Shigeru Oda and published by BRILL. This book was released on 2006 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume is the fourth in a series, "The Judges," which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. The study includes a "resume "and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.

Settled Versus Right

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Publisher : Cambridge University Press
ISBN 13 : 110712753X
Total Pages : 191 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Settled Versus Right by : Randy J. Kozel

Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Judging on a Collegial Court

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Publisher : University of Virginia Press
ISBN 13 : 9780813926971
Total Pages : 172 pages
Book Rating : 4.9/5 (269 download)

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Book Synopsis Judging on a Collegial Court by : Virginia A. Hettinger

Download or read book Judging on a Collegial Court written by Virginia A. Hettinger and published by University of Virginia Press. This book was released on 2006 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.

The Case Law of the International Court

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (873 download)

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Book Synopsis The Case Law of the International Court by :

Download or read book The Case Law of the International Court written by and published by . This book was released on 1961 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Majority, Concurring, and Dissenting Opinions by Judge Neil M. Gorsuch

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Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781544080338
Total Pages : pages
Book Rating : 4.0/5 (83 download)

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Book Synopsis Majority, Concurring, and Dissenting Opinions by Judge Neil M. Gorsuch by : Congressional Research Service

Download or read book Majority, Concurring, and Dissenting Opinions by Judge Neil M. Gorsuch written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-03-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 31, 2017, President Trump announced the nomination of Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) to fill the vacancy on the Supreme Court left by the death of Justice Antonin Scalia on February 13, 2016. Judge Gorsuch has served as a judge on the Tenth Circuit since August 2006, and has also sat, by designation, on the U.S. Court of Appeals for the Ninth Circuit and the U.S. Court of Appeals for the District of Columbia Circuit. This report provides a tabular listing of cases in which Judge Gorsuch authored a majority, concurring, or dissenting opinion. The opinions are categorized into three tables: Table 1 identifies opinions authored by Judge Gorsuch on behalf of a unanimous panel; Table 2 contains controlling opinions authored by Judge Gorsuch in which one or more panelists wrote a separate opinion; and Table 3 lists cases where Judge Gorsuch wrote a concurring or dissenting opinion (decisions where Judge Gorsuch wrote both the majority opinion and a separate concurrence are included in this final table). Opinions are identified and briefly discussed in each table in reverse chronological order. The opinions are also categorized by their primary legal subject. While this report identifies and briefly describes judicial opinions authored by Judge Gorsuch during his time on the federal court, it does not analyze the implications of his judicial opinions or suggest how he might approach legal issues if appointed to the Supreme Court. Those matters will be discussed in a forthcoming CRS report. Key CRS products related to the Supreme Court vacancy and Judge Gorsuch's nomination are collected in CRS Legal Sidebar WSLG1526, Vacancy on the Supreme Court: CRS Products, by Kate M. Manuel and Andrew Nolan.