When Dissents Matter
DOWNLOAD
Download When Dissents Matter PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get When Dissents Matter book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
When Dissents Matter
DOWNLOAD
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.
Why Dissent Matters
DOWNLOAD
Author : William Kaplan
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2017-06-01
Why Dissent Matters written by William Kaplan and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Political Science categories.
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.
Judicial Dissent In European Constitutional Courts
DOWNLOAD
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.
Dissent And The Supreme Court
DOWNLOAD
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.
Great Australian Dissents
DOWNLOAD
Author : Andrew Lynch
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-08
Great Australian Dissents written by Andrew Lynch 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 2016-09-08 with Law categories.
This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
Ruth Bader Ginsburg Dissents
DOWNLOAD
Author : Ruth Bader Ginsburg
language : en
Publisher: Simon and Schuster
Release Date : 2022-07-19
Ruth Bader Ginsburg Dissents written by Ruth Bader Ginsburg and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-19 with Political Science categories.
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
DOWNLOAD
Author : Antonin Scalia
language : en
Publisher: Simon and Schuster
Release Date : 2012-04-01
Scalia Dissents written by Antonin Scalia and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-01 with Biography & Autobiography categories.
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.
The Great Dissenter
DOWNLOAD
Author : Peter S. Canellos
language : en
Publisher: Simon and Schuster
Release Date : 2022-06-28
The Great Dissenter written by Peter S. Canellos and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-28 with Biography & Autobiography categories.
The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --
I Dissent
DOWNLOAD
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.
Settled Versus Right
DOWNLOAD
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.