Download or read book Revisions and Dissents written by Paul Gottfried and published by Cornell University Press. This book was released on 2017-04-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Gottfried's critical engagement with political correctness is well known. The essays in Revisions and Dissents focus on a range of topics in European intellectual and political history, social theory, and the history of modern political movements. With subjects as varied as Robert Nisbet, Whig history, the European Union election of 2014, and Donald Trump, the essays are tied together by their strenuous confrontation with historians and journalists whose claims about the past no longer receive critical scrutiny. According to Gottfried, successful writers on historical topics take advantage of political orthodoxy and/or widespread ignorance to present questionable platitudes as self-evident historical judgments. New research ceases to be of importance in determining accepted interpretations. What remains decisive, Gottfried maintains, is whether the favored view fits the political and emotional needs of what he calls "verbalizing elites." In this highly politicized age, Gottfried argues, it is necessary to re-examine these prevalent interpretations of the past. He does so in this engaging volume, which will appeal to general readers interested in political and intellectual history.
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 Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Download or read book Scalia Dissents written by Antonin Scalia and published by Simon and Schuster. This book was released on 2012-04-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Decisions and Dissents of Justice Ruth Bader Ginsburg written by Corey Brettschneider and published by Penguin. This book was released on 2020-09-08 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Indie Bestseller The trailblazing Supreme Court Justice Ruth Bader Ginsburg in her own words. Her most essential writings on gender equality and women's rights, reproductive health care, and voting and civil rights, now available in a short, accessible volume as part of the new Penguin Liberty series. A Penguin Classic With the Penguin Liberty series by Penguin Classics, we look to the U.S. Constitution’s text and values, as well as to American history and some of the country’s most important thinkers, to discover the best explanations of our constitutional ideals of liberty. Through these curated anthologies of historical, political, and legal classic texts, Penguin Liberty offers everyday citizens the chance to hear the strongest defenses of these ideals, engage in constitutional interpretation, and gain new (or renewed) appreciation for the values that have long inspired the nation. Questions of liberty affect both our daily lives and our country’s values, from what we can say to whom we can marry, how society views us to how we determine our leaders. It is Americans’ great privilege that we live under a Constitution that both protects our liberty and allows us to debate what that liberty should mean.
Download or read book The Intricacies of Dicta and Dissent written by Neil Duxbury and published by Cambridge University Press. This book was released on 2021-08-12 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Oliver Wendell Holmes A Life in War Law and Ideas written by Stephen Budiansky and published by W. W. Norton & Company. This book was released on 2019-05-28 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.
Download or read book Brown v Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
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 Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Download or read book Denominationalism Illustrated and Explained written by Russell E. Richey and published by Wipf and Stock Publishers. This book was released on 2013-03-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence of mainstream denominational decline virtually throws itself in our faces--growing religious pluralism in North America; the decline over the last half century in the salience, prestige, power, and vitality of Protestant denominational leadership; slippage in mainline membership and corresponding growth, vigor, visibility, and political prowess of conservative, evangelical, and fundamentalist bodies; patterns of congregational independence, including loosening of or removal of denominational identity, particularly in signage, and the related marginal loyalty of members; emergence of megachurches, with resources and the capacity to meet needs heretofore supplied by denominations (training, literature, expertise); growth within mainline denominations of caucuses and their alignment into broad progressive or conservative camps, often with connections to similar camps in other denominations; widespread suspicion of, indeed hostility towards, the centers and symbols of denominational identity--the regional and national headquarters; migration of individuals and families through various religious identities, sometimes out of classic Christianity altogether. Denominationalism looks doomed and is so proclaimed. It may be. However, viewing the sweep of Anglo-American history, this volume suggests how much denominations and denominationalism have changed, how resilient they have proved, how significant these structures of religious belonging have been in providing order and direction to American society, and how such enduring purposes find ever new structural/institutional expression.
Download or read book Antifascism written by Paul Gottfried and published by Cornell University Press. This book was released on 2021-10-15 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conservative take on the antifascist movement Antifascism argues that current self-described antifascists are not struggling against a reappearance of interwar fascism, and that the Left that claims to be opposing fascism has little in common with any earlier Left, except for some overlap with critical theorists of the Frankfurt School. Paul Gottfried looks at antifascism from its roots in early twentieth-century Europe to its American manifestation in the present. The pivotal development for defining the present political spectrum, he suggests, has been the replacement of a recognizably Marxist Left by an intersectional one. Political and ideological struggles have been configured around this new Left, which has become a dominant force throughout the Western world. Gottfried discusses the major changes undergone by antifascist ideology since the 1960s, fascist and antifascist models of the state and assumptions about human nature, nationalism versus globalism, the antifascism of the American conservative establishment, and Antifa in the United States. Also included is an excursus on the theory of knowledge presented by Thomas Hobbes in Leviathan. In Antifascism Gottfried concludes that promoting a fear of fascism today serves the interests of the powerful—in particular, those in positions of political, journalistic, and educational power who want to bully and isolate political opponents. He points out the generous support given to the intersectional Left by multinational capitalists and examines the movement of the white working class in Europe—including former members of Communist parties—toward the populist Right, suggesting this shows a political dynamic that is different from the older dialectic between Marxists and anti-Marxists.
Download or read book Hearings Before the Commission on Revision of the Federal Court Appellate System written by United States. Commission on Revision of the Federal Court Appellate System and published by . This book was released on 1975 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Supremes Greatest Hits 2nd Revised and Updated Edition written by Michael G. Trachtman and published by Union Square & Company. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the government seize your house to build a shopping mall? Can it determine what control you have over your own body? Can police search your cellphone? The answers to those questions come from the Supreme Court, whose rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. Especially relevant in light of Justice Antonin Scalia's death, and as we elect a new president who may get to appoint other justices, the revised edition of Michael G. Trachtman's page-turner includes ten important new cases from 2010 to 2015, from same-sex marriage to the Affordable Care Act.
Download or read book Hearings Before the Commission on Revision of the Federal Court Appellate System April 15 16 1975 Washington DC April 21 22 1975 St Louis Missouri April 28 29 1975 Washington DC written by United States. Commission on Revision of the Federal Court Appellate System and published by . This book was released on 1975 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Burger Court and the Rise of the Judicial Right written by Michael J. Graetz and published by Simon and Schuster. This book was released on 2017-06-06 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
Download or read book Report of the Commissioners of Statutory Revision for the Year 1891 written by New York (State). Commissioners of Statutory Revision and published by . This book was released on 1892 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt:
