Decision And Dissent
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I Dissent
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Author : Mark Tushnet
language : en
Publisher: Beacon Press
Release Date : 2008-06-01
I Dissent written by Mark Tushnet and has been published by Beacon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-01 with Law categories.
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
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Author : Melvin I. Urofsky
language : en
Publisher: Vintage
Release Date : 2015-10-13
Dissent And The Supreme Court written by Melvin I. Urofsky and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-13 with Law categories.
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.
Decision And Dissent
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Author : David Brianza
language : en
Publisher: iUniverse
Release Date : 2012-11-09
Decision And Dissent written by David Brianza and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-09 with Fiction categories.
Meet Alyssa Dashiellattractive, gifted young attorney, relishing the wellearned reward of a few moments to herself behind the wheel of a founding partners Bugatti Veyron, the worlds fastest car. Powerless to resist taking the once-in-a-lifetime experience to its extreme, she gains the attention of Police Officer Connor Daemanan 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 centurya powerful courtroom drama, as provocative as it is divisive, that pits two of the worlds 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 nave belief that there are some things that just cant 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.
The Right To Communicate Decisions And Dissents
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Author : Mary Elizabeth Bezanson
language : en
Publisher:
Release Date : 1994
The Right To Communicate Decisions And Dissents written by Mary Elizabeth Bezanson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Dissenting opinions categories.
This volume contains the texts of thirty-three Supreme Court cases. The editor presents the case as well as the dissent in these cases which address four aspects of the right to communicate-messages, context, channel and access. Introduced by a short summary of the positions taken by the members of the court and the highlights of the case, this is a valuable text for students studying freedom of expression.
Judging On A Collegial Court
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Author : Virginia A. Hettinger
language : en
Publisher: University of Virginia Press
Release Date : 2006
Judging On A Collegial Court written by Virginia A. Hettinger and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Appellate courts categories.
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
Disagreement And Dissent In Judicial Decision Making
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Author : Frederic Reynold
language : en
Publisher:
Release Date : 2013
Disagreement And Dissent In Judicial Decision Making written by Frederic Reynold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Judgments categories.
"Disagreement and dissent in judicial decision-making provides an analysis of disagreement and dissent in judicial decision-making. It explores the root causes of disagreement in cases decided over the last 25 years or so in the House of Lords and the Supreme Court, and the light they throw on the character of judicial decision-making at this level." (Wildy)
Judicial Dissent In European Constitutional Courts
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Author : Katalin Kelemen
language : en
Publisher: Routledge
Release Date : 2017-09-28
Judicial Dissent In European Constitutional Courts written by Katalin Kelemen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-28 with Law categories.
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.
Commitment And Cooperation On High Courts
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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25
Commitment And Cooperation On High Courts written by Benjamin Alarie and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Dissenting Judgments In The Law
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Author : Neal Geach
language : en
Publisher: Wildy, Simmonds & Hill Publishing
Release Date : 2018-05-31
Dissenting Judgments In The Law written by Neal Geach and has been published by Wildy, Simmonds & Hill Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with categories.
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
The Intricacies Of Dicta And Dissent
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Author : Neil Duxbury
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-12
The Intricacies Of Dicta And Dissent written by Neil Duxbury and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.
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.