Download or read book The Dissent of the Governed written by Stephen L. Carter and published by . This book was released on 1998-04-12 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between loyalty and disobedience; between recognition of the law’s authority and realization that the law is not always right: In America, this conflict is historic, with results as glorious as the mass protests of the civil rights movement and as inglorious as the armed violence of the militia movement. In an impassioned defense of dissent, Stephen L. Carter argues for the dialogue that negotiates this conflict and keeps democracy alive. His book portrays an America dying from a refusal to engage in such a dialogue, a polity where everybody speaks, but nobody listens. The Dissent of the Governed is an eloquent diagnosis of what ails the American body politic—the unwillingness of people in power to hear disagreement unless forced to—and a prescription for a new process of response. Carter examines the divided American political character on dissent, with special reference to religion, identifying it in unexpected places, with an eye toward amending it before it destroys our democracy. At the heart of this work is a rereading of the Declaration of Independence that puts dissent, not consent, at the center of the question of the legitimacy of democratic government. Carter warns that our liberal constitutional ethos—the tendency to assume that the nation must everywhere be morally the same—pressures citizens to be other than themselves when being themselves would lead to disobedience. This tendency, he argues, is particularly hard on religious citizens, whose notion of community may be quite different from that of the sovereign majority of citizens. His book makes a powerful case for the autonomy of communities—especially but not exclusively religious—into which democratic citizens organize themselves as a condition for dissent, dialogue, and independence. With reference to a number of cases, Carter shows how disobedience is sometimes necessary to the heartbeat of our democracy—and how the distinction between challenging accepted norms and challenging the sovereign itself, a distinction crucial to the Declaration of Independence, must be kept alive if Americans are to progress and prosper as a nation.
Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2015-10-13 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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.
Download or read book When Dissents Matter written by Pamela C. Corley and published by University of Virginia Press. This book was released on 2023-09-26 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Silencing Political Dissent written by Nancy Chang and published by Seven Stories Press. This book was released on 2002-07-09 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: In her groundbreaking new book, Silencing Political Dissent, constitutional expert Nancy Chang examines how the Bush administration's fight against terrorism is resulting in a disturbing erosion of First Amendment rights and increase of executive power. Chang's compelling analysis begins with a historical review of political repression and intolerance of dissent in America. From the Sedition Act of 1798, through the Smith Act of the 1940s and the internment of Japanese Americans in World War II, to the FBI's infamous COINTELPRO program of the 1960s, Chang recalls how during times of crisis and war, the U.S. government has unjustly detained individuals, invaded personal privacy, and hampered the free speech of Americans. Chang's expertise as a senior constitutional attorney shines through in the power and clarity of her argument. Meticulously researched and footnoted, Chang's book forces us to challenge the government when it is unpopular to do so, and to consider that perhaps "our future safety lies in the expansion, rather the contraction, of the democratic values set forth in the Constitution."
Download or read book A Guides to Legal Studies Boxed Set written by Alison Plus and published by Four-Ply Publishing. This book was released on 2016-11-30 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal writing can be challenging for many reasons. The language is complex, the concepts are even more complex, and you will be expected to manipulate both the language and the complex while adhering to specific writing formats. But there is help available. The Legal Studies Boxed Set contains the three Alison Plus Guides to Writing for the three types of legal documents most legal studies and paralegal students will have to write: demand letters, case briefs, and internal legal memos. Each document type has different challenges and goals, but now one collection makes all three writing guides available in one boxed set. Here are each of the three writing guides contained in this boxed set. Book One: A+ Guide to Legal Demand Letters Table of Contents: How to Use This Booklet The Example Scenario Step One: Letter Mechanics A Special Note About Tone Step Two: Define the Relationship Step Three: State the Facts Giving Rise to the Claim Step Four: Present Any Necessary Law Step Five: Present the Demand Step Six: Close With a Deadline Example Demand Letter Step Seven: The Final Check The First Layer: Revising Out Loud The Second Layer: Sentence Triage The Third Layer: “Find” Searches The Fourth Layer: The Fine Points Appendix: Legal Citation Tips Cases Statutes and Regulations Constitutions Book Two: A+ Guide to Internal Legal Memos Sections of the Memo: Heading Questions Presented Short Answer Facts Table of Authorities Discussion Conclusion Book Three: A+ Guide to Legal Case Briefs Sections of the Brief: Procedural History Facts Issue Holding Rationale
Download or read book Was Frankenstein Really Uncle Sam Vol III written by Richard J. Rolwing and published by Xlibris Corporation. This book was released on 2007-03-31 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Neoliberal Legality written by Honor Brabazon and published by Taylor & Francis. This book was released on 2016-11-10 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neoliberalism has been studied as a political ideology, an historical moment, an economic programme, an institutional model, and a totalising political project. Yet the role of law in the neoliberal story has been relatively neglected, and the idea of neoliberalism as a juridical project has yet to be considered. That is: neoliberal law and its interrelations with neoliberal politics and economics has remained almost entirely neglected as a subject of research and debate. This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law of neoliberalism’. Instead, it uses empirical evidence to explore and theorise the relationship between law and neoliberalism as dynamic and complex social phenomena. Developing a nuanced concept of ‘neoliberal legality’, neoliberalism, it is argued here, is as much a juridical project as a political and economic one. And it is only in understanding the juridical thrust of neoliberalism that we can hope to fully comprehend the specificities, and continuities, of the neoliberal period as a whole.
Download or read book Dissenting and Separate Opinions at the World Court written by Ijaz Hussain and published by Martinus Nijhoff Publishers. This book was released on 1984-10-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition differs from its predecessors in that, at the request of many French-speaking & other jurists, it is now completely bilingual, in the two official languages of the International Court of Justice under Article 39 of the Statute -English & French. As before, this compilation aims to provide the practitioner in the Court, the diplomat, the politician & the student with a handy & complete collection of documents relating to the operation of the International Court of Justice, the principal judicial organ of the United Nations. In order to increase the usefulness of this compilation, the unofficial translations of the Rules of Court of 1978 into Arabic, Chinese, Russian & Spanish -the official languages of the United Nations -have been included.
Download or read book The Fundamental Right to Data Protection written by Maria Tzanou and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.
Download or read book I Dissent written by Mark Tushnet and published by Beacon Press. This book was released on 2008-06-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on Law and Marxism written by O’Connell, Paul and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.
Download or read book A Legal View of the Inquiry Granted to Rear Admiral Schley written by Charles E. Grinnell and published by . This book was released on 1902 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Guide to Legal Case Briefs written by Alison Plus and published by Four-Ply Publishing. This book was released on 2016-04-02 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: You must write a legal case brief, either for school or for internal use in a law firm or other legal setting. However, even though you have seen other case briefs, you are not sure how to brief a case. Maybe you have never written a brief like this before and do not know what it should look like. Maybe you have written a document like this in the past, but you were unhappy with the product and you want to do better this time. Maybe, no matter your skills and experiences, you are just looking for extra help so that this kind of document will be easier to complete. This booklet can help you by showing you the complete process of briefing a case. This practical, systematic method will start with a basic discussion of the purpose of case briefs and end with a final proofreading. In between that first and last step, you will learn how to write each section of a case brief, section by section. These sectional breakdowns show you exactly what to include in different places within the brief. You will no longer need to guess what to write and where to write it. By using the breakdown, the various pieces of the document will work together to create a coherent and complete brief. For the purposes of this booklet, it does not matter if you skip around and take the sections out of order. The booklet will proceed in the pattern most case briefs adopt: Procedural History Facts Issue Holding Rationale T his booklet not only helps you brief a case, but it shows you a critical thinking process important to the practice of law. Working the sections carefully the first time will teach you the method. Then, when you must brief another case, use this booklet as a reference to help you remember what each section must include. The more you use the method, the easier it will be. Note: This booklet will not cover legal citation in depth. A shortcut and some basic citation tips will be presented in the section on case brief headings, but for more information about citation, please consult the Bluebook.
Download or read book Dissent and the State written by C. E. S. Franks and published by Oxford University Press, USA. This book was released on 1989 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first collection of its kind, this book explores the challenges of governments to determine when to treat dissent as legitimate political behavior and when to regard it as a threat to idividuals and society.
Download or read book A Summary of the Laws Peculiarly Affecting Protestant Dissenters written by Joseph Beldam and published by . This book was released on 1827 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law Reports Volume 88 written by E. Lauterpacht and published by Cambridge University Press. This book was released on 1992 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Writing and Other Lawyering Skills written by Nancy Lusignan Schultz and published by Aspen Publishing. This book was released on 2014-03-04 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a consistent emphasis on precision and good organization, this text teaches students how to draft memoranda, opinion letters, pleadings, briefs, and other legal documents, as well as communications skills including client counseling, negotiating, and presenting oral arguments. Features: An expanded chapter on trial briefs, including pretrial motion briefs A new chapter on communicating by email A new chapter on time management A new chapter on mediation and related documents.
