Its Role in the Court's History and the Nation's Constitutional Dialogue
Author: Melvin I. Urofsky
From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so. (With black-and-white illustrations throughout.) From the Hardcover edition.
Great Opposing Opinions in Landmark Supreme Court Cases
Author: Mark V. Tushnet
Publisher: Beacon Press
A distinguished Supreme Court scholar introduces and explains sixteen influential cases from throughout the Court's history and offers a sense of what could have developed if the dissents were instead the majority opinions, looking at each case in terms of its political, social, economic, and cultural context. Original.
Author: Lee Epstein,William M Landes,Richard A Posner
Publisher: Harvard University Press
Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
Social Justice and the Fight for Public Space
Author: Don Mitchell
Publisher: Guilford Press
Includes a 2014 Postscript addressing Occupy Wall Street and other developments. Efforts to secure the American city have life-or-death implications, yet demands for heightened surveillance and security throw into sharp relief timeless questions about the nature of public space, how it is to be used, and under what conditions. Blending historical and geographical analysis, this book examines the vital relationship between struggles over public space and movements for social justice in the United States. Don Mitchell explores how political dissent gains meaning and momentum--and is regulated and policed--in the real, physical spaces of the city. A series of linked cases provides in-depth analyses of early twentieth-century labor demonstrations, the Free Speech Movement and the history of People's Park in Berkeley, contemporary anti-abortion protests, and efforts to remove homeless people from urban streets.
Author: David L Hudson
Publisher: Visible Ink Press
From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.
Author: Ulrike Schultz,Gisela Shaw
Does gender matter in judging? And if so, in what way? Why were there so few women judges only two or three decades ago, and why are there so many now in most countries of the Western world? How do women judges experience their work in a previously male-dominated environment? What are their professional careers? How do they organise and live their lives? And, finally and most notably: do women judge differently from men (or even better)? These are the questions dealt with in this collection of contributions by seven authors from six countries (UK, Australia, USA, Canada, Syria and Argentina), contrasting views from common law and civil law countries. In spite of differences in the two legal systems, as well as greater gender diversity on the bench and the overall higher income and prestige enjoyed by judges in common law countries, women judges in all these countries – Syria included – share many problems. Diverse and intriguing facets are added to a debate that started thirty years ago but continues to leave ample space for further discussion. This book was originally published as a special issue of International Journal of the Legal Profession
Political science, Public administration
Author: CTI Reviews
Publisher: Cram101 Textbook Reviews
Facts101 is your complete guide to Understanding American Politics and Government. In this book, you will learn topics such as The Constitution, Annotated Constitution, Federalism, and Civil Liberties plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.
Author: Tracey Maclin
Publisher: Oxford University Press
The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.
Culture, History, Politics
Author: Heike Raphael-Hernandez,Shannon Steen
Publisher: NYU Press
Category: Social Science
With a Foreword by Vijay Prashad and an Afterword by Gary Okihiro How might we understand yellowface performances by African Americans in 1930s swing adaptations of Gilbert and Sullivan's The Mikado, Paul Robeson's support of Asian and Asian American struggles, or the absorption of hip hop by Asian American youth culture? AfroAsian Encounters is the first anthology to look at the mutual influence of and relationships between members of the African and Asian diasporas. While these two groups have often been thought of as occupying incommensurate, if not opposing, cultural and political positions, scholars from history, literature, media, and the visual arts here trace their interconnections and interactions, as well as the tensions between the two groups that sometimes arise. AfroAsian Encounters probes beyond popular culture to trace the historical lineage of these coalitions from the late nineteenth century to the present. A foreword by Vijay Prashad sets the volume in the context of the Bandung conference half a century ago, and an afterword by Gary Okihiro charts the contours of a “Black Pacific.” From the history of Japanese jazz composers to the current popularity of black/Asian “buddy films” like Rush Hour, AfroAsian Encounters is a groundbreaking intervention into studies of race and ethnicity and a crucial look at the shifting meaning of race in the twenty-first century.
The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign Against Dissent
Author: Wendell Bird
Publisher: Oxford University Press
Category: Alien and Sedition laws, 1798
Based on author's thesis (doctoral - Oxford University, 2012) issued under title: Freedoms of press and speech in the first decade of the U.S. Supreme Court.
The Struggle to Shape the Federal Judiciary
Author: Sarah A. Binder,Forrest Maltzman
Publisher: Brookings Institution Press
Category: Political Science
For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system—a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek to harness the incentives of presidents and senators together. How well lawmakers confront the breakdown in advice and consent will have lasting consequences for the institutional capacity of the U.S. Senate and for the performance of the federal bench.
From the Rehnquist to the Roberts Court
Author: Christopher P. Banks,John C. Blakeman
Publisher: Rowman & Littlefield Publishers
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court’s “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
The History of an American Idea
Author: Ralph Young
Publisher: NYU Press
Finalist, 2016 Ralph Waldo Emerson Award One of Bustle's Books For Your Civil Disobedience Reading List Dissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. At its founding the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the United States live up to its promise. Women fought for equal rights; abolitionists sought to destroy slavery; workers organized unions; Indians resisted white encroachment on their land; radicals angrily demanded an end to the dominance of the moneyed interests; civil rights protestors marched to end segregation; antiwar activists took to the streets to protest the nation’s wars; and reactionaries, conservatives, and traditionalists in each decade struggled to turn back the clock to a simpler, more secure time. Some dissenters are celebrated heroes of American history, while others are ordinary people: frequently overlooked, but whose stories show that change is often accomplished through grassroots activism. The United States is a nation founded on the promise and power of dissent. In this stunningly comprehensive volume, Ralph Young shows us its history. Teaching Resources from Temple University: Sample Course Syllabus Teaching Resources from C-Span Classroom Teaching Resources from Temple University
Examining Judicial Process and Decision Making on the U.S. Courts of Appeals
Author: Jennifer Barnes Bowie,Donald R. Songer,John Szmer
Publisher: University of Virginia Press
Category: Political Science
For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.
Author: Paul Toscano
In ten eloquent speeches, Paul James Toscano traces the odyssey of his life from conversion to the LDS church in 1963 to excommunication for heresy in 1993. Included are the addresses that resulted in church action against him.Authority is adored as the dominant divine characteristic of Mormonism, Toscano alleges; patriology blows unimpeded through the church like a cold wind, chilling compassion, hope, and faith. He worries that unless there is a spiritual revival of mythic dimensions, Mormonism is doomed to resolve itself into yet another sect full of ethical pretension and xenophobic aspiration.Considering himself a Latter-day Saint in exile, Toscano remains confident that Christian love may yet overflow the banks of righteousness, sweep away respectability, turn dignity into mud, lay waste the levees of our vaunted invulnerability, and contaminate us with holiness. The church will yet become an open, compassionate, and forgiving community, according to Toscano's wish -- one dedicated to the spiritual empowerment of each individual, the celebration of diversity, and the sanctity of dissent.
Talking Back to the Rehnquist Court, Eight Cases That Subverted Civil Liberties and Civil Rights
Author: Michael Avery
Publisher: NYU Press
The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquist’s nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Court’s decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above the people, and as the dissents in this book demonstrate, the Court strayed far from our constitutional ideals when it abandoned its commitment to the protection of the individual rights of Americans. Each chapter focuses on a different case—ranging from torture to search and seizure, and from racial profiling to the freedom of political expression—with contributors summarizing the case and the decision, and then offering their own dissent to the majority opinion. For some cases featured in the book, the Court’s majority decisions were unanimous, so readers can see here for the first time what a dissent might have looked like. In other cases, contributors offer alternative dissents to the minority opinion, thereby widening the scope of opposition to key civil liberties decision made by the Rehnquist Court. Taken together, the dissents in this unique book address the pressing issue of Constitutional protection of individual freedom, and present a vision of constitutional law in the United States that differs considerably from the recent jurisprudence of the United States Supreme Court. Contributors: Michael Avery, Erwin Chemerinsky,Marjorie Cohn, Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan Kiyomi Serrano, and Abbe Smith.
Sodomy Laws in America, 1861-2003
Author: William N. Eskridge Jr.
From the Pentagon to the wedding chapel, there are few issues more controversial today than gay rights. As William Eskridge persuasively demonstrates in Dishonorable Passions, there is nothing new about this political and legal obsession. The American colonies and the early states prohibited sodomy as the crime against nature, but rarely punished such conduct if it took place behind closed doors. By the twentieth century, America’s emerging regulatory state targeted degenerates and (later) homosexuals. The witch hunts of the McCarthy era caught very few Communists but ruined the lives of thousands of homosexuals. The nation’s sexual revolution of the 1960s fueled a social movement of people seeking repeal of sodomy laws, but it was not until the Supreme Court’s decision in Lawrence v. Texas (2003) that private sex between consenting adults was decriminalized. With dramatic stories of both the hunted (Walt Whitman and Margaret Mead) and the hunters (Earl Warren and J. Edgar Hoover), Dishonorable Passions reveals how American sodomy laws affected the lives of both homosexual and heterosexual Americans. Certain to provoke heated debate, Dishonorable Passions is a must-read for anyone interested in the history of sexuality and its regulation in the United States
Author: Thomas C. Hunt,James C. Carper,Thomas J. Lasley, II,C. Daniel Raisch
Publisher: SAGE Publications
For a free 30-day online trial to this title, visit www.sagepub.com/freetrial Educational reform, and to a lesser extent educational dissent, occupy a prominent place in the annals of U.S. education. Whether based on religious, cultural, social, philosophical, or pedagogical grounds, they are ever-present in our educational history. Although some reforms have been presented as a remedy for society's ills, most programs were aimed toward practical transformation of the existing system to ensure that each child will have a better opportunity to succeed in U.S. society. Educational reform is a topic rich with ideas, rife with controversy, and vital in its outcome for school patrons, educators, and the nation as a whole. With nearly 450 entries, these two volumes comprise the first reference work to bring together the strands of reform and reformers and dissent and dissenters in one place as a resource for parents, policymakers, scholars, teachers, and those studying to enter the teaching profession. Key Features Opens with a historical overview of educational reform and dissent and a timeline of key reforms, legislation, publications, and more Examines the reform or dissent related to education found in theories, concepts, ideas, writings, research, and practice Addresses how reformers and dissenters become significant culture-shaping people and change the way we conduct our lives Key Themes Accountability Biographies Concepts and Theories Curriculum and Instruction Diversity Finances and Economics Government Organizations?Advisory Organizations?Business and Foundations Organizations?Curriculum Organizations?Government Organizations?Professional Organizations?Think Tanks Public Policy Religion and Religious Education Reports School Types Special Needs Technology This authoritative work fills a void in the literature in the vast areas of educational reform and dissent, making it a must-have resource for any academic library. Availability in print and electronic formats provides students with convenient, easy access, wherever they may be.