Decision And Dissent
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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.
“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.
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.
Settled Versus Right
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Author : Randy J. Kozel
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-06
Settled Versus Right written by Randy J. Kozel 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 2017-06-06 with Law categories.
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Decisions And Orders Of The National Labor Relations Board
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Author : United States. National Labor Relations Board
language : en
Publisher:
Release Date : 2016-05
Decisions And Orders Of The National Labor Relations Board written by United States. National Labor Relations Board and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05 with Labor laws and legislation categories.
Dissent
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Author : Ralph Young
language : en
Publisher: NYU Press
Release Date : 2015-04-24
Dissent written by Ralph Young and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-24 with Political Science categories.
Historian Ralph Young’s Dissent: The History of an American Idea “covers both the liberal and conservative movements that changed American history.” A Ralph Waldo Emerson Award Finalist One of *Bustle’s Books For Your Civil Disobedience Reading List Ralph Young’s stunningly comprehensive volume examines the key role dissent has played in shaping the United States, focusing on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century to the Occupy and Tea Party movements in the twenty-first. At its founding, the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the United States live up to its promise. Women fought for equal rights; abolitionists sought to destroy slavery; workers organized unions; Indians resisted white encroachment on their land; radicals angrily demanded an end to the dominance of the moneyed interests; civil rights protestors marched to end segregation; antiwar activists took to the streets to protest the nation’s wars; and reactionaries, conservatives, and traditionalists in each decade struggled to turn back the clock to a simpler, more secure time. Some dissenters are celebrated heroes of American history, while others are ordinary people: frequently overlooked, but whose stories show that change is often accomplished through grassroots activism. Dissent emphasizes how these Americans responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. “A must read for any citizen interested in making a stronger democracy.” —Pulitzer-Prize-winning author Heather Ann Thompson
Why Societies Need Dissent
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 2005-04-30
Why Societies Need Dissent written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-30 with Law categories.
Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense.
Decision Making In The U S Courts Of Appeals
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Author : Frank B. Cross
language : en
Publisher: Stanford University Press
Release Date : 2007
Decision Making In The U S Courts Of Appeals written by Frank B. Cross and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.
Encyclopedia Of The Mind
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Author : Harold Pashler
language : en
Publisher: SAGE
Release Date : 2013-01-14
Encyclopedia Of The Mind written by Harold Pashler and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-14 with Language Arts & Disciplines categories.
It's hard to conceive of a topic of more broad and personal interest than the study of the mind. In addition to its traditional investigation by the disciplines of psychology, psychiatry, and neuroscience, the mind has also been a focus of study in the fields of philosophy, economics, anthropology, linguistics, computer science, molecular biology, education, and literature. In all these approaches, there is an almost universal fascination with how the mind works and how it affects our lives and our behavior. Studies of the mind and brain have crossed many exciting thresholds in recent years, and the study of mind now represents a thoroughly cross-disciplinary effort. Researchers from a wide range of disciplines seek answers to such questions as: What is mind? How does it operate? What is consciousness? This encyclopedia brings together scholars from the entire range of mind-related academic disciplines from across the arts and humanities, social sciences, life sciences, and computer science and engineering to explore the multidimensional nature of the human mind.
On Dissent
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Author : Ronald K. L. Collins
language : en
Publisher: Cambridge University Press
Release Date : 2013-06-17
On Dissent written by Ronald K. L. Collins 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 2013-06-17 with Law categories.
America values dissent. It tolerates, encourages, and protects it. But what is this thing we value? That is a question never asked. "Dissent" is treated as a known fact. For all that has been said about dissent - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal, or cultural meanings or usages. There is a need to develop some clarity about this phenomenon we call dissent, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort, or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
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