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Author : Robert L. Cord
Publisher :
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.3/5 (97 download)
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:
Author : Melvin I. Urofsky
Publisher : Vintage
ISBN 13 : 030774132X
Total Pages : 546 pages
Book Rating : 4.3/5 (77 download)
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.
Author : Steven H. Shiffrin
Publisher : Princeton University Press
ISBN 13 : 1400822963
Total Pages : 219 pages
Book Rating : 4.4/5 (8 download)
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.
Author : Timothy Zick
Publisher : Cambridge University Press
ISBN 13 : 1009021362
Total Pages : 319 pages
Book Rating : 4.0/5 (9 download)
Download or read book Managed Dissent written by Timothy Zick and published by Cambridge University Press. This book was released on 2023-05-11 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mass street demonstrations that followed the 2020 police murder of George Floyd were perhaps the largest in American history. These events confirmed that even in a digital era, people rely on public dissent to communicate grievances, change public discourse, and stand in collective solidarity with others. However, the demonstrations also showed that the laws surrounding public protest make public contention more dangerous, more costly, and less effective. Police fired tear gas into peaceful crowds, used physical force against compliant demonstrators, imposed broad curfews, limited the places where protesters could assemble, and abused 'unlawful assembly' and other public disorder laws. These and other pathologies epitomize a system in which public protest is tightly constrained in the name of public order. Managed Dissent argues that in order to preserve the venerable tradition of public protest in the US, we must reform several aspects of the law of public protest.
Author : Abe Fortas
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (923 download)
Download or read book Concerning Dissent and Civil Disobedience written by Abe Fortas and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark Tushnet
Publisher : Beacon Press
ISBN 13 : 9780807000366
Total Pages : 260 pages
Book Rating : 4.0/5 (3 download)
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.
Author : Stephen D. Solomon
Publisher : St. Martin's Press
ISBN 13 : 1466879394
Total Pages : 288 pages
Book Rating : 4.4/5 (668 download)
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 288 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.
Author : Tomiko Brown-Nagin
Publisher : Oxford University Press
ISBN 13 : 0199932018
Total Pages : 603 pages
Book Rating : 4.1/5 (999 download)
Download or read book Courage to Dissent written by Tomiko Brown-Nagin and published by Oxford University Press. This book was released on 2012 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a sweeping history of the civil rights movement in Atlanta from the end of World War II to 1980, arguing the motivations of the movement were much more complicated than simply a desire for integration.
Author : Robert F. Drinan
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.3/5 (91 download)
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 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gregory P. Magarian
Publisher : Oxford University Press
ISBN 13 : 0190466812
Total Pages : 304 pages
Book Rating : 4.1/5 (94 download)
Download or read book Managed Speech written by Gregory P. Magarian and published by Oxford University Press. This book was released on 2017-03-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
Author : David T. Naylor
Publisher : Hayden Books
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (97 download)
Download or read book Dissent and Protest written by David T. Naylor and published by Hayden Books. This book was released on 1974 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the causes for past and present dissent in America and the varying responses to it by public and private figures.
Author : William Kaplan
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773550844
Total Pages : 356 pages
Book Rating : 4.7/5 (735 download)
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.
Author : Percival E. Jackson
Publisher :
ISBN 13 :
Total Pages : 583 pages
Book Rating : 4.:/5 (251 download)
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:
Author : Debbie Levy
Publisher : Simon and Schuster
ISBN 13 : 1481465600
Total Pages : 42 pages
Book Rating : 4.4/5 (814 download)
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.
Author : Leah Farish
Publisher :
ISBN 13 : 9780894908590
Total Pages : 132 pages
Book Rating : 4.9/5 (85 download)
Download or read book Tinker V. Des Moines written by Leah Farish and published by . This book was released on 1997 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Siblings John and Mary Beth Tinker led a protest against the Vietnam War by wearing black armbands to school. Did this action violate the law, or was it protected by the First Amendment? Their case went all the way to the Supreme Court, where it was decided that the students did not give up their first amendment rights when they entered the school building.
Author : Alasdair Roberts
Publisher : Cornell University Press
ISBN 13 : 080147003X
Total Pages : 122 pages
Book Rating : 4.8/5 (14 download)
Download or read book The End of Protest written by Alasdair Roberts and published by Cornell University Press. This book was released on 2017-07-01 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has just gone through the worst economic crisis in a generation. Why wasn’t there more protest, as there was in other countries? During the United States’ last great era of free-market policies, before World War II, economic crises were always accompanied by unrest. "The history of capitalism," the economist Joseph Schumpeter warned in 1942, "is studded with violent bursts and catastrophes." In The End of Protest, Alasdair Roberts explains how, in the modern age, governments learned to unleash market forces while also avoiding protest about the market’s failures. Roberts argues that in the last three decades, the two countries that led the free-market revolution—the United States and Britain—have invented new strategies for dealing with unrest over free market policies. The organizing capacity of unions has been undermined so that it is harder to mobilize discontent. The mobilizing potential of new information technologies has also been checked. Police forces are bigger and better equipped than ever before. And technocrats in central banks have been given unprecedented power to avoid full-scale economic calamities. Tracing the histories of economic unrest in the United States and Great Britain from the nineteenth century to the present, The End of Protest shows that governments have always been preoccupied with the task of controlling dissent over free market policies. But today’s methods pose a new threat to democratic values. For the moment, advocates of free-market capitalism have found ways of controlling discontent, but the continued effectiveness of these strategies is by no means certain.
Author : Stephen D. Solomon
Publisher : University of Michigan Press
ISBN 13 : 047203345X
Total Pages : 437 pages
Book Rating : 4.4/5 (72 download)
Download or read book Ellery's Protest written by Stephen D. Solomon and published by University of Michigan Press. This book was released on 2009-01-16 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: An engrossing story of one of the landmark cases in First Amendment history
