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Book Dissent and the Supreme Court

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.

Book I Dissent

    Book Details:
  • Author : Mark Tushnet
  • Publisher : Beacon Press
  • Release : 2008-06-01
  • ISBN : 9780807000366
  • Pages : 260 pages

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.

Book The Great Dissenter

Download or read book The Great Dissenter written by Peter S. Canellos and published by Simon and Schuster. This book was released on 2022-06-28 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. --

Book The Great Dissent

Download or read book The Great Dissent written by Thomas Healy and published by Macmillan. This book was released on 2013-08-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.

Book The Case of the Church and Dissenters Impartially     Considered

Download or read book The Case of the Church and Dissenters Impartially Considered written by Francis Mereweather and published by . This book was released on 1827 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Food for Dissent

    Book Details:
  • Author : Maria McGrath
  • Publisher : UMass + ORM
  • Release : 2019-08-26
  • ISBN : 1613766718
  • Pages : 300 pages

Download or read book Food for Dissent written by Maria McGrath and published by UMass + ORM. This book was released on 2019-08-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1960s and early 1970s, countercultural rebels decided that, rather than confront the system, they would create the world they wanted. The natural foods movement grew out of this contrarian spirit. Through a politics of principled shopping, eating, and entrepreneurship, food revolutionaries dissented from corporate capitalism and mainstream America. In Food for Dissent, Maria McGrath traces the growth of the natural foods movement from its countercultural fringe beginning to its twenty-first-century "food revolution" ascendance, focusing on popular natural foods touchstones—vegetarian cookbooks, food co-ops, and health advocates. Guided by an ideology of ethical consumption, these institutions and actors spread the movement's oppositionality and transformed America's foodscape, at least for some. Yet this strategy proved an uncertain instrument for the advancement of social justice, environmental defense, and anti-corporatism. The case studies explored in Food for Dissent indicate the limits of using conscientious eating, shopping, and selling as tools for civic activism.

Book Holy Dissent

    Book Details:
  • Author : Glenn Dynner
  • Publisher : Wayne State University Press
  • Release : 2011-10-15
  • ISBN : 0814335977
  • Pages : 701 pages

Download or read book Holy Dissent written by Glenn Dynner and published by Wayne State University Press. This book was released on 2011-10-15 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jewish and Christian studies scholars as well as historians of Eastern Europe will benefit from the analysis of Holy Dissent.

Book Dissent  Injustice  and the Meanings of America

Download or read book Dissent Injustice and the Meanings of America written by Steven H. Shiffrin and published by Princeton University Press. This book was released on 2000-07-10 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.

Book Dissenter on the Bench

Download or read book Dissenter on the Bench written by Victoria Ortiz and published by . This book was released on 2019 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 2020 Sydney Taylor Honor Book The life and career of the fiercely principled Supreme Court Justice, now a popular icon, with dramatic accounts of her landmark cases that moved the needle on legal protection of human rights, illustrated with b/w archival photographs. Dramatically narrated case histories from Justice Ginsburg's stellar career are interwoven with an account of RBG's life--childhood, family, beliefs, education, marriage, legal and judicial career, children, and achievements--and her many-faceted personality is captured. The cases described, many involving young people, demonstrate her passionate concern for gender equality, fairness, and our constitutional rights. Notes, bibliography, index.

Book The Case Against Free Speech

Download or read book The Case Against Free Speech written by PE Moskowitz and published by Hachette UK. This book was released on 2019-08-13 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A hard-hitting expose that shines a light on the powerful conservative forces that have waged a multi-decade battle to hijack the meaning of free speech--and how we can reclaim it. There's a critical debate taking place over one of our most treasured rights: free speech. We argue about whether it's at risk, whether college students fear it, whether neo-Nazis deserve it, and whether the government is adequately upholding it. But as P. E. Moskowitz provocatively shows in The Case Against Free Speech, the term has been defined and redefined to suit those in power, and in recent years, it has been captured by the Right to push their agenda. What's more, our investment in the First Amendment obscures an uncomfortable truth: free speech is impossible in an unequal society where a few corporations and the ultra-wealthy bankroll political movements, millions of voters are disenfranchised, and our government routinely silences critics of racism and capitalism. Weaving together history and reporting from Charlottesville, Skokie, Standing Rock, and the college campuses where student protests made national headlines, Moskowitz argues that these flash points reveal more about the state of our democracy than they do about who is allowed to say what. Our current definition of free speech replicates power while dissuading dissent, but a new ideal is emerging. In this forcefully argued, necessary corrective, Moskowitz makes the case for speech as a tool--for exposing the truth, demanding equality, and fighting for all our civil liberties.

Book Bodies in Dissent

Download or read book Bodies in Dissent written by Daphne Brooks and published by Duke University Press. This book was released on 2006 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Performance and identity in nineteenth and early twentieth-century Arican-American creative work.

Book Dissent in Organizations

Download or read book Dissent in Organizations written by Jeffrey Kassing and published by Polity. This book was released on 2011-07-12 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employees often disagree with workplace policies and practices, leaving few workplaces unaffected by organizational dissent. While disagreement persists in most contemporary organizations, how employees express dissent at work and how their respective organizations respond to it vary widely. Through the use of case studies, first-person accounts, current examples, conceptual models, and scholarly findings this work offers a comprehensive treatment of organizational dissent. Readers will find a sensible balance between theoretical considerations and practical applications. Theoretical considerations include: how dissent fits within classical and contemporary organizational communication approaches dissent's relationship to, yet distinctiveness from, related organizational concepts like conflict, resistance, and voice explanations for why employees express dissent and how they make sense of it the relationship between organizational dissent and ethics Practical applications encompass: recommendations for employees expressing dissent and managers responding to it consideration of the range of events that trigger dissent strategies employees use to express dissent and tools organizations can apply to solicit it effectively the unique challenges and benefits associated with expressing dissent to management The book's specific focus and engaged voice provide students, scholars, and practitioners with a deeper understanding of dissent as an important aspect of workplace communication.

Book The Solitary Voice of Dissent

Download or read book The Solitary Voice of Dissent written by Martin Kay and published by Vernon Press. This book was released on 2016-04-30 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book urges respect for solitary dissent rather than censure. It equips a wide audience to understand what previously seemed unimaginable, much less comprehensible. It shows the reader how to reach beyond those first conclusions and into the heart of the matter. The lone voice explains that something has been hidden away, something which the individual now dissenting can no longer acquiesce in. It raises the possibility that more may be seriously wrong. Those who need to understand range from academics, to researchers, to managers, to elected representatives, to journalists. We all have an interest in knowing not just what has gone wrong but also why this person, and no other, decided they could take no more. If we are to correct a bad situation, rather than just patch it up, we need clarity at every level of the individual’s deepening unease. The book uses four case studies (two in Ireland, one in UK, all on the record, and one authoritative biography of a well-known Italian personality), to demonstrate an approach to analyzing solitary dissent. The methods used are academic but, in the way they are presented, certainly intelligible to the lay-reader. Indeed, the author (who is one of the case studies) writes with a degree of affection for his two authorities, Michel Foucault and Anthony Giddens, which is engaging, anything but formal, but no less authoritative for that. Another persuasive output of the book is the resonance of solitary dissent with Jean-Paul Sartre’s existentialism which is also analysed. The Solitary Voice of Dissent is limited by the extent to which the author has been able to delve into the personal privacy of the case studies offered. With commendable detachment, he is able to examine his own experience; and the biography he has selected allows a similarly deep investigation into the fourth case study. While each personality investigated was male, the author also identifies certain contemporary female dissenters. This is an area increasingly impacting upon the public’s awareness but which no-one has written about before. If we are to mend our society, we need to start a conversation. A wide audience will wish to follow it.

Book Ruth Bader Ginsburg Dissents

Download or read book Ruth Bader Ginsburg Dissents written by Ruth Bader Ginsburg and published by Simon and Schuster. This book was released on 2022-07-19 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Ethics of Dissent

Download or read book The Ethics of Dissent written by Rosemary O′Leary and published by CQ Press. This book was released on 2019-03-01 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2021 “Best Book Award” from the Academy of Management Division of Public and Nonprofit Management! “Rosemary O’Leary’s The Ethics of Dissent offers a novel take on rule breakers and whistle-blowers in the federal government. Finding a book that elegantly interweaves theory, case detail, and practice in a way useful to students and researching proves challenging. O’Leary achieves those aims.” —Randall Davis, Southern Illinois University From “constructive contributors”" to “deviant destroyers,” government guerrillas work clandestinely against the best wishes of their superiors. These public servants are dissatisfied with the actions of the organizations for which they work, but often choose not to go public with their concerns. In her Third Edition of The Ethics of Dissent, Rosemary O’Leary shows that the majority of guerrilla government cases are the manifestation of inevitable tensions between bureaucracy and democracy, which yield immense ethical and organizational challenges that all public managers must learn to navigate. New to the Third Edition: New examples of guerrilla government showcase the power of public servants as well as their ethical obligations. Key concepts are connected to real examples, such as Kim Davis, the Kentucky county clerk who refused to sign the marriage certificates of gay couples, and Kevin Chmielewski, the deputy chief of staff for operations at the U.S. Environmental Protection Agency (EPA) who led environmental groups to the wrong doings of EPA Administrator Scott Prewitt. A new section on the creation of “alt” Twitter accounts designed to counter and even sabotage the policies of President Donald Trump highlights the power of social media in guerrilla government activities. A new section on the U.S. Department of State “dissent channel” provides readers with a positive example of the right way to dissent as a public servant. A new chapter on Edward Snowden demonstrates the practical relevance and contemporary importance of the world’s largest security breach. A new profile of U.S. Department of State diplomat Mary A. Wright illustrates how she used her resignation to dissent about U.S. policies in Iraq.