Dissent and the Supreme Court

Dissent and the Supreme Court PDF

Author: Melvin I. Urofsky

Publisher: Vintage

Published: 2015-10-13

Total Pages: 544

ISBN-13: 110187063X

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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

I Dissent PDF

Author: Mark Tushnet

Publisher: Beacon Press

Published: 2008-06-01

Total Pages: 260

ISBN-13: 9780807000366

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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

Dissent and the Supreme Court PDF

Author: Melvin I. Urofsky

Publisher: Vintage

Published: 2017-01-10

Total Pages: 546

ISBN-13: 030774132X

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“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

Ruth Bader Ginsburg Dissents PDF

Author: Ruth Bader Ginsburg

Publisher: Simon and Schuster

Published: 2022-07-19

Total Pages: 428

ISBN-13: 166720114X

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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.

Scalia Dissents

Scalia Dissents PDF

Author: Antonin Scalia

Publisher: Simon and Schuster

Published: 2012-04-01

Total Pages: 265

ISBN-13: 1596987006

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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.

In Defense of Troublemakers

In Defense of Troublemakers PDF

Author: Charlan Nemeth

Publisher: Basic Books

Published: 2018-03-20

Total Pages: 272

ISBN-13: 0465096301

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An eminent psychologist explains why dissent should be cherished, not feared We've decided by consensus that consensus is good. In In Defense of Troublemakers, psychologist Charlan Nemeth argues that this principle is completely wrong: left unchallenged, the majority opinion is often biased, unoriginal, or false. It leads planes and markets to crash, causes juries to convict innocent people, and can quite literally make people think blue is green. In the name of comity, we embrace stupidity. We can make better decisions by embracing dissent. Dissent forces us to question the status quo, consider more information, and engage in creative decision-making. From Twelve Angry Men to Edward Snowden, lone objectors who make people question their assumptions bring groups far closer to truth--regardless of whether they are right or wrong. Essential reading for anyone who works in groups, In Defense of Troublemakers will radically change the way you think, listen, and make decisions.

Judicial Dissent in European Constitutional Courts

Judicial Dissent in European Constitutional Courts PDF

Author: Katalin Kelemen

Publisher:

Published: 2017

Total Pages: 226

ISBN-13: 9781472482235

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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.

Decision and Dissent

Decision and Dissent PDF

Author: David Brianza

Publisher: iUniverse

Published: 2012-11

Total Pages: 1007

ISBN-13: 1475957513

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Meet Alyssa Dashiell-attractive, gifted young attorney, relishing the wellearned reward of a few moments to herself behind the wheel of a founding partner's Bugatti Veyron, the world's fastest car. Powerless to resist taking the once-in-a-lifetime experience to its extreme, she gains the attention of Police Officer Connor Daeman-an encounter that proves life-changing for both in ways neither could imagine. A fast-flowing chain of events rapidly unfolds; enthralling, hold-yourbreath occurrences that lead inexorably to what will be called the trial of the century-a powerful courtroom drama, as provocative as it is divisive, that pits two of the world's finest lawyers against each other in a contest that puts everything on the line, with the potential to abolish centuries of hard-earned rights for millions. It is a trial, controversial, incendiary, and tainted with madness, that sets the stage to blow the lid off the naïve belief that there are some things that just can't happen in America. Suspenseful, alarming, and destined for controversy, Decision and Dissent is to be counted among those rare novels that require courage on the part of the reader; virtually every page will affect the reader like no story he or she has ever read before. Explosive action, humour, and provocative points of view expressed by characters who leap to life will hold the reader spellbound to the very last page.

I Dissent

I Dissent PDF

Author: Debbie Levy

Publisher: Simon and Schuster

Published: 2016-09-20

Total Pages: 42

ISBN-13: 1481465600

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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.

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