Dissenting Opinions

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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.

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.

Dissenting Opinions of Justice Antonin Scalia

Author : Antonin Scalia
Publisher : Talbot Publishing
ISBN 13 : 9781616195731
Total Pages : 554 pages
Book Rating : 4.1/5 (957 download)

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Book Synopsis Dissenting Opinions of Justice Antonin Scalia by : Antonin Scalia

Download or read book Dissenting Opinions of Justice Antonin Scalia written by Antonin Scalia and published by Talbot Publishing. This book was released on 2018 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : why dissent? / Caleb Stegall -- Constitutional structure -- The judicial power -- Statutory interpretation -- The power of the police -- Speech -- Religion -- Social regulation

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.

When Dissents Matter

Author : Pamela C. Corley
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.

Dissenting Opinions

Author : Michael Sexton
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.

Dissenting Voices in American Society

Author : Austin Sarat
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 Limits of Legitimacy

Author : Michael Zilis
Publisher : University of Michigan Press
ISBN 13 : 0472052748
Total Pages : 255 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Limits of Legitimacy by : Michael Zilis

Download or read book The Limits of Legitimacy written by Michael Zilis and published by University of Michigan Press. This book was released on 2015-09-22 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of how sensationalist reporting, which emphasizes dissenting opinions and dramatizes complex legal issues, fosters public controversy and influences citizens' reactions to Supreme Court decisions

Scalia's Court

Author : Antonin Scalia
Publisher : Simon and Schuster
ISBN 13 : 1621575330
Total Pages : 376 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis Scalia's Court by : Antonin Scalia

Download or read book Scalia's Court written by Antonin Scalia and published by Simon and Schuster. This book was released on 2016-04-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The passing of this brilliant jurist is a great loss, but his writings—with their plain language and constitutional moorings—will guide generations to come." - Speaker of the House Paul Ryan The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.

Ruth Bader Ginsburg Dissents

Author : Ruth Bader Ginsburg
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.

The International Court of Justice

Author : H. W. A. Thirlway
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: An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.

The Dissenting Opinions of Mr. Justice Daniel

Author : Henry Billings Brown
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Dissenting Opinions of Mr. Justice Daniel by : Henry Billings Brown

Download or read book The Dissenting Opinions of Mr. Justice Daniel written by Henry Billings Brown and published by . This book was released on 1887 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dissenting and Separate Opinions at the World Court

Author : Ijaz Hussain
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.

Dissent and the Supreme Court

Author : Melvin I. Urofsky
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.

Foreshadows of the Law

Author : Bloomsbury Publishing
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313067813
Total Pages : 198 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Foreshadows of the Law by : Bloomsbury Publishing

Download or read book Foreshadows of the Law written by Bloomsbury Publishing and published by Bloomsbury Publishing USA. This book was released on 1992-11-18 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies. The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

Dissent in the Supreme Court

Author : Percival E. Jackson
Publisher : Wm. S. Hein Publishing
ISBN 13 : 9780806108391
Total Pages : 0 pages
Book Rating : 4.1/5 (83 download)

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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.

Dissenting Opinions

Author : Clare Hanrahan
Publisher : Lulu.com
ISBN 13 : 0975884670
Total Pages : 134 pages
Book Rating : 4.9/5 (758 download)

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Book Synopsis Dissenting Opinions by : Clare Hanrahan

Download or read book Dissenting Opinions written by Clare Hanrahan and published by Lulu.com. This book was released on 2009 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: The strong, bold voice of a southern woman speaking out against militarism and war. Reflects a life of committed action for justice and peace including solidarity work among homeless families, public vigils, and peaceful protest leading to six-months incarceration at Alderson Federal Prison.