Dissent And The Supreme Court
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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.
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
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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 In The Supreme Court
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Author : Percival E. Jackson
language : en
Publisher:
Release Date : 1969
Dissent In The Supreme Court written by Percival E. Jackson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Dissenting opinions categories.
Dissent In The Supreme Court
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Author : Percival E. Jackson
language : en
Publisher: Wm. S. Hein Publishing
Release Date : 1969
Dissent In The Supreme Court written by Percival E. Jackson and has been published by Wm. S. Hein Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Dissenting opinions categories.
A history of the legal thinking of the Supreme Court of the United States from the earliest period to the present, reflecting its members' strengths and weaknesses, restraints and excesses, philosophies and ideosyncrasies. Quotes extensively from the dissenting opinions of Supreme Court justices.
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.
Dissenting Voices In American Society
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Author : Austin Sarat
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-31
Dissenting Voices In American Society written by Austin Sarat 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 2012-01-31 with Law categories.
Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
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.
When Dissents Matter
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Author : Pamela C. Corley
language : en
Publisher: University of Virginia Press
Release Date : 2023-09-26
When Dissents Matter written by Pamela C. Corley 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 2023-09-26 with Political Science categories.
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.
Discordant Notes Volume 1
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Author : Rohinton Fali Nariman
language : en
Publisher: India Allen Lane
Release Date : 2021-12-15
Discordant Notes Volume 1 written by Rohinton Fali Nariman and has been published by India Allen Lane this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-15 with Law categories.
A dissenting judgment, as ordinarily understood, is a judgment or an opinion of a judge, sitting as part of a larger bench, who 'dissents' (i.e. disagrees) with the opinion or judgment of the majority. Dissenting judgments or opinions appear in different ways. Tracing, exploring and analysing all dissenting judgments in the history of the Supreme Court of India, from the beginning till date, Rohinton Fali Nariman brings to light the cases, which created a deep impact in India's legal history. From the famous Bengal Immunity Co. Ltd. v. State of Bihar in 1955 to Bhagwandas Goverdhandas Kedia v. Girdharilal Pashottamdas and Co. in 1966, State of Bombay v. The United Motors (India) Ltd in 1953, Superintendent & Legal Remembrancer, State of West Bengal v. Corporation of Calcutta in 1967, Supreme Court Advocates-on-Record Association v. Union of India in 1993, Mafatlal Industries v. Union of India in 1997 and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology in 2002, Keshava Madhava Menon v. State of Bombay in 1951, United Commercial Bank Ltd. v. Workmen and Ram Singh v. The State of Delhi in the same year and Union of India v. West Coast Paper Mills Ltd. in 2004 among others, this two-volume definitive work is a thorough examination of the important dissenting judgments of the Supreme Court of India, and of some of the Judges of the Supreme Court who have gone down as 'Great Dissenters', for having written dissents of legal and constitutional importance, some of which have gone on to be recognised as correct position of the law. Comprehensive, definitive and authoritative, this is a must a must have for legal scholars and practitioners. Besides, the book will greatly interest policy makers as well as anyone, interested in India's legal history.
Protest Dissent And The Supreme Court
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Author : Robert L. Cord
language : en
Publisher:
Release Date : 1971
Protest Dissent And The Supreme Court written by Robert L. Cord and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with African Americans categories.