I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases

Εξώφυλλο
Mark V. Tushnet
Beacon Press, 2008 - 229 σελίδες
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.

"An important reminder that strong challenges have been made to the best and worst in American constitutional development and that responsibility for the best lies as much in the citizenry as Supreme Court justices.” —Mark A. Graber, author of Dred Scott and the Problem of Constitutional Evil
 

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LibraryThing Review

Κριτική χρηστών  - DSeanW - LibraryThing

While an excellent selection of pieces this is nonetheless a very odd collection. The editors takes every opportunity to highlight his belief, driven by theories of popular constitutionalism, that the ... Ανάγνωση ολόκληρης της κριτικής

LibraryThing Review

Κριτική χρηστών  - tinLizzy - LibraryThing

Overall - a great analysis and look at the most significant dissenting decisions in the history of the Supreme Court. Was a great spring board for me to be inspired to explore further some of the ... Ανάγνωση ολόκληρης της κριτικής

Περιεχόμενα

The legislature is entitled to all
1
Experience should teach us wisdom
17
Among those for whom and whose
31
To enable the black race to take the rank
45
There is no caste here
69
omnicompetence to judges
151
A sterile metaphor which by its very
167
Iget nowhere in this case by talk about
179
That is what this suit is about Power
191
Do not believe it
211
conclusion
221
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Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. Previously a professor of law at Georgetown University and University of Wisconsin, Tushnet is the author of numerous books, including, most recently, A Court Divided. He lives in Washington, DC.

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