When Dissents Matter

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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.

Why Dissent Matters

Author : William Kaplan
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773550852
Total Pages : 356 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Why Dissent Matters by : William Kaplan

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.

Why Dissent Matters

Author : William Kaplan
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773550844
Total Pages : 356 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Why Dissent Matters by : William Kaplan

Scalia Dissents

Author : Antonin Scalia
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.

Institutional Games and the U.S. Supreme Court

Author : James R. Rogers
Publisher : University of Virginia Press
ISBN 13 : 9780813934198
Total Pages : 320 pages
Book Rating : 4.9/5 (341 download)

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Book Synopsis Institutional Games and the U.S. Supreme Court by : James R. Rogers

Download or read book Institutional Games and the U.S. Supreme Court written by James R. Rogers and published by University of Virginia Press. This book was released on 2012-10-05 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the past decade, the behavioral analysis of decisions by the Supreme Court has turned to game theory to gain new insights into this important institution in American politics. Game theory highlights the role of strategic interactions between the Court and other institutions in the decisions the Court makes as well as in the relations among the justices as they make their decisions. Rather than assume that the justices’ votes reveal their sincere preferences, students of law and politics have come to examine how the strategic concerns of the justices lead to "sophisticated" behavior as they seek to maximize achievement of their goals when faced with constraints on their ability to do so. In Institutional Games and the U.S. Supreme Court, James Rogers, Roy Flemming, and Jon Bond gather various essays that use game theory to explain the Supreme Court's interactions with Congress, the states, and the lower courts. Offering new ways of understanding the complexity and consequences of these interactions, the volume joins a growing body of work that considers these influential interactions among various branches of the U.S. government. Contributors: Kenneth A. Shepsle, Andrew De Martin, James R. Rogers, Christopher Zorn, Georg Vanberg, Cliff Carrubba, Thomas Hammond, Christopher Bonneau, Reginald Sheehan, Charles Cameron, Lewis A. Kornhauser, Ethan Bueno de Mesquita, Matthew Stephenson, Stefanie A. Lindquist, Susan D. Haire, Lawrence Baum

Answering the Call of the Court

Author : Vanessa A. Baird
Publisher : University of Virginia Press
ISBN 13 : 0813930448
Total Pages : 242 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis Answering the Call of the Court by : Vanessa A. Baird

Download or read book Answering the Call of the Court written by Vanessa A. Baird and published by University of Virginia Press. This book was released on 2008-08-13 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before justices choose which cases they will hear. When justices signal their interest in a particular policy area, litigants respond by sponsoring well-crafted cases in those policy areas. Approximately four to five years later, the Supreme Court’s agenda in those areas expands, with cases that are comparatively more politically important and divisive than other cases the Court hears. From issues of discrimination and free expression to welfare policy, from immigration to economic regulation, strategic supporters of litigation pay attention to the goals of Supreme Court justices and bring cases they can use to achieve those goals. Since policy making in courts is iterative, multiple well-crafted cases are needed for courts to make comprehensive policy. Baird argues that judicial policy-making power depends on the actions of policy entrepreneurs or other litigants who systematically respond to the priorities and preferences of Supreme Court justices.

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.

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.

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.

Judicial Dissent in European Constitutional Courts

Author : Katalin Kelemen
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.

Great Australian Dissents

Author : Andrew Lynch
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.

I Dissent

Author : Debbie Levy
Publisher : Simon and Schuster
ISBN 13 : 1481465600
Total Pages : 42 pages
Book Rating : 4.4/5 (814 download)

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Book Synopsis I Dissent by : Debbie Levy

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.

The Design of Dissent, Expanded Edition

Author : Milton Glaser
Publisher :
ISBN 13 : 1631594249
Total Pages : 299 pages
Book Rating : 4.6/5 (315 download)

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Book Synopsis The Design of Dissent, Expanded Edition by : Milton Glaser

Download or read book The Design of Dissent, Expanded Edition written by Milton Glaser and published by . This book was released on 2017-09-05 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dissent is an essential part of keeping democratic societies healthy, and our ability as citizens to voice our opinions is not only our privilege, it is our responsibility. Most importantly, it is a human right, one which must be fervently fought for, protected, and defended. Many of the issues and conflicts visited in the first edition of this book remain vividly present today. They are reminders of how democracy and social change are often incremental, requiring patience, diligence, hope, and the continuing brave voices of designers whose skillful imagery emboldens in the face of struggle. The 160-plus new works in this edition document the Arab Spring, the Obama presidency, Occupy Wall Street, Black Lives Matter, the election of Donald Trump, Vladimir Putin’s continuing influence, the Women’s March, the ongoing refugee crises, the environment, and much more. This powerful collection, totaling well over 550 images, stands not only as a testament to the power of imagery, but also as an urgent call to action. This edition includes the original Foreword by Tony Kushner as well as Steven Heller's interview of Milton Glaser entitled, "Dissenting Conditions.""--provided by Amazon.com.

Settled Versus Right

Author : Randy J. Kozel
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.

Strategic Selection

Author : Christine L. Nemacheck
Publisher : University of Virginia Press
ISBN 13 : 9780813927435
Total Pages : 204 pages
Book Rating : 4.9/5 (274 download)

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Book Synopsis Strategic Selection by : Christine L. Nemacheck

Download or read book Strategic Selection written by Christine L. Nemacheck and published by University of Virginia Press. This book was released on 2007 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover's appointment of Charles Evan Hughes in 1930 through President George W. Bush's nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president's final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president's selection process. Much work on Supreme Court nominations focuses on struggles over confirmation, or is heavily based on anecdotal material and posits the "idiosyncratic" nature of the selection process; in contrast, Strategic Selection points to systematic patterns in judicial selection. Nemacheck argues that although presidents try to maximize their ideological preferences and minimize uncertainty about nominees' conduct once they are confirmed, institutional factors that change over time, such as divided government and the institutionalism of the presidency, shape and constrain their choices. By revealing the pattern of strategic action, which she argues is visible from the earliest stages of the selection process, Nemacheck takes us a long way toward understanding this critically important part of our political system.

Scalia's Court

Author : Antonin Scalia
Publisher : Simon and Schuster
ISBN 13 : 1621575330
Total Pages : 592 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 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

We Dissent

Author : Michael Avery
Publisher : NYU Press
ISBN 13 : 9780814707371
Total Pages : 245 pages
Book Rating : 4.7/5 (73 download)

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Book Synopsis We Dissent by : Michael Avery

Download or read book We Dissent written by Michael Avery and published by NYU Press. This book was released on 2009-01-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquist’s nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Court’s decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above the people, and as the dissents in this book demonstrate, the Court strayed far from our constitutional ideals when it abandoned its commitment to the protection of the individual rights of Americans. Each chapter focuses on a different case—ranging from torture to search and seizure, and from racial profiling to the freedom of political expression—with contributors summarizing the case and the decision, and then offering their own dissent to the majority opinion. For some cases featured in the book, the Court’s majority decisions were unanimous, so readers can see here for the first time what a dissent might have looked like. In other cases, contributors offer alternative dissents to the minority opinion, thereby widening the scope of opposition to key civil liberties decision made by the Rehnquist Court. Taken together, the dissents in this unique book address the pressing issue of Constitutional protection of individual freedom, and present a vision of constitutional law in the United States that differs considerably from the recent jurisprudence of the United States Supreme Court. Contributors: Michael Avery, Erwin Chemerinsky,Marjorie Cohn, Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan Kiyomi Serrano, and Abbe Smith.