Dissenting Judgments in the Law

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Publisher : Wildy, Simmonds & Hill Publishing
ISBN 13 : 9780854902545
Total Pages : 432 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis Dissenting Judgments in the Law by : Neal Geach

Download or read book Dissenting Judgments in the Law written by Neal Geach and published by Wildy, Simmonds & Hill Publishing. This book was released on 2018-05-31 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Dissenting Judgments in the Law a team of expert contributors reassess nineteen landmark cases from different areas of the law, each of which had the potential for the law to have developed in a markedly different direction. The cases have been selected on account of their continued relevance to the law today or the controversial nature of the majority's decision. A key feature of each case was a dissenting opinion from a judge who thought that the law should develop in a different direction. The aim of the contributors is to re-evaluate important cases, such as Plessy v Ferguson (1896) and R v Brown [1994], by assessing the merits of the judgments given, before deciding whether the law would, in fact, have been better served by following the dissenting opinion rather than that of the majority of judges in the case. The judicial reasoning in each case is explored in depth and is contrasted with differing approaches in other jurisdictions. Where relevant, a comparative analysis is employed in order to show how the law, by not following the dissenting opinion, has developed out of step with other common law jurisdictions. Each contributor then sets out what impact the dissenting judgment might have had on the law if it had decided the case and assess where the law in that particular field would be today. "a highly stimulating book" From the foreword by Lord Nicholls of Birkenhead

I Dissent

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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.

The Oxford Companion to the High Court of Australia

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Publisher :
ISBN 13 : 9780191735189
Total Pages : 803 pages
Book Rating : 4.7/5 (351 download)

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Book Synopsis The Oxford Companion to the High Court of Australia by : Tony Blackshield

Download or read book The Oxford Companion to the High Court of Australia written by Tony Blackshield and published by . This book was released on 2001 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reference work is a comprehensive and scholarly publication that examines the High Court of Australia's public work, the Court's role in Australian law, politics and society, and the Court's inner workings.

Dissenting Judgments and Judicial Law Making

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Publisher :
ISBN 13 : 9789788407072
Total Pages : 21 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Dissenting Judgments and Judicial Law Making by : George Oguntade

Download or read book Dissenting Judgments and Judicial Law Making written by George Oguntade and published by . This book was released on 2009 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Intricacies of Dicta and Dissent

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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.

Discordant Notes, Volume 1

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Publisher : India Allen Lane
ISBN 13 : 9780670094394
Total Pages : 496 pages
Book Rating : 4.0/5 (943 download)

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Book Synopsis Discordant Notes, Volume 1 by : Rohinton Fali Nariman

Download or read book Discordant Notes, Volume 1 written by Rohinton Fali Nariman and published by India Allen Lane. This book was released on 2021-12-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dissenting judgment, as ordinarily understood, is a judgment or an opinion of a judge, sitting as part of a larger bench, who 'dissents' (i.e. disagrees) with the opinion or judgment of the majority. Dissenting judgments or opinions appear in different ways. Tracing, exploring and analysing all dissenting judgments in the history of the Supreme Court of India, from the beginning till date, Rohinton Fali Nariman brings to light the cases, which created a deep impact in India's legal history. From the famous Bengal Immunity Co. Ltd. v. State of Bihar in 1955 to Bhagwandas Goverdhandas Kedia v. Girdharilal Pashottamdas and Co. in 1966, State of Bombay v. The United Motors (India) Ltd in 1953, Superintendent & Legal Remembrancer, State of West Bengal v. Corporation of Calcutta in 1967, Supreme Court Advocates-on-Record Association v. Union of India in 1993, Mafatlal Industries v. Union of India in 1997 and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology in 2002, Keshava Madhava Menon v. State of Bombay in 1951, United Commercial Bank Ltd. v. Workmen and Ram Singh v. The State of Delhi in the same year and Union of India v. West Coast Paper Mills Ltd. in 2004 among others, this two-volume definitive work is a thorough examination of the important dissenting judgments of the Supreme Court of India, and of some of the Judges of the Supreme Court who have gone down as 'Great Dissenters', for having written dissents of legal and constitutional importance, some of which have gone on to be recognised as correct position of the law. Comprehensive, definitive and authoritative, this is a must a must have for legal scholars and practitioners. Besides, the book will greatly interest policy makers as well as anyone, interested in India's legal history.

Dissent and the Supreme Court

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Author :
Publisher : Vintage
ISBN 13 : 110187063X
Total Pages : 544 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 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.

Great Australian Dissents

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Publisher : Cambridge University Press
ISBN 13 : 1107158532
Total Pages : 393 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Great Australian Dissents by : Andrew Lynch

Download or read book Great Australian Dissents written by Andrew Lynch and published by Cambridge University Press. This book was released on 2016-09-08 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.

Scalia Dissents

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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.

The International Court of Justice

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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.

The International Human Rights Judiciary and National Parliaments

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Publisher : Cambridge University Press
ISBN 13 : 1316878465
Total Pages : 417 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis The International Human Rights Judiciary and National Parliaments by : Matthew Saul

Download or read book The International Human Rights Judiciary and National Parliaments written by Matthew Saul and published by Cambridge University Press. This book was released on 2017-10-12 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

Dissenting Opinions

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Publisher :
ISBN 13 : 9781922449009
Total Pages : 316 pages
Book Rating : 4.4/5 (49 download)

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Book Synopsis Dissenting Opinions by : Michael Sexton

Download or read book Dissenting Opinions written by Michael Sexton and published by . This book was released on 2020-06-17 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term "dissenting opinions" is normally used in the law to describe the judgments of those members of appellate courts who take a different view in a particular case from their colleagues who form the majority and effectively decide the question before the court. I have used it, however, in relation to this collection of articles and book reviews published over several decades because they proposed in the main a departure from what might be characterised as the conventional wisdom, that is, the views and values of those who preside over most public and private intuitions in Australia, including much of the media. I do not suggest for a moment that there has been any disadvantage to myself as a result of these publications but I have suggested in some of the pieces concerning the relatively recent phenomenon of political correctness that this climate of conformity has had a chilling effect on public debate. And that young people embarking on their careers now have to be wary of expressing unconventional opinions. This is even - and perhaps particularly - so in universities which historically were places where established ideas were always open to challenge. Although some of these pieces are from earlier periods, most concern questions that are still controversial and can be taken as a contribution to those on-going discussions. Most importantly, however, they represent the hope that there will be much greater scope in the immediate future for the full-blooded public debate of social, economic and political issues in Australia.

Ruth Bader Ginsburg Dissents

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Publisher : Simon and Schuster
ISBN 13 : 166720114X
Total Pages : 428 pages
Book Rating : 4.6/5 (672 download)

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Book Synopsis Ruth Bader Ginsburg Dissents by : Ruth Bader Ginsburg

Download or read book Ruth Bader Ginsburg Dissents written by Ruth Bader Ginsburg and published by Simon and Schuster. This book was released on 2022-07-19 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of key dissenting and majority opinions from U.S. Supreme Court justice Ruth Bader Ginsburg. During her 27 years as an associate justice on the U.S. Supreme Court, Ruth Bader Ginsburg became well known for her strongly worded dissenting opinions against the decisions of the conservative majority. Ginsburg was a fierce supporter of women’s rights whose personal experiences helped shape her into a feminist icon who employed logical, well-presented arguments to show that gender discrimination was harmful to all members of society. Ruth Bader Ginsburg Dissents features 15 legal opinions and briefs, including majority and dissenting opinions that Ginsburg drafted during her time on the U.S. Supreme Court and briefs from her career before she was appointed to the court in 1993.

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.

Reputation and Judicial Tactics

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Publisher : Cambridge University Press
ISBN 13 : 1107031133
Total Pages : 351 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Reputation and Judicial Tactics by : Shai Dothan

Download or read book Reputation and Judicial Tactics written by Shai Dothan and published by Cambridge University Press. This book was released on 2015 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.

The Nature of the Judicial Process

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Publisher :
ISBN 13 :
Total Pages : 218 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Nature of the Judicial Process by : Benjamin Nathan Cardozo

Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Cases Argued and Adjudged in the Supreme Court of the United States

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Publisher :
ISBN 13 :
Total Pages : 746 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Cases Argued and Adjudged in the Supreme Court of the United States by : United States. Supreme Court

Download or read book Cases Argued and Adjudged in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1909 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: