HjemGrupperSnakMereZeitgeist
Søg På Websted
På dette site bruger vi cookies til at levere vores ydelser, forbedre performance, til analyseformål, og (hvis brugeren ikke er logget ind) til reklamer. Ved at bruge LibraryThing anerkender du at have læst og forstået vores vilkår og betingelser inklusive vores politik for håndtering af brugeroplysninger. Din brug af dette site og dets ydelser er underlagt disse vilkår og betingelser.
Hide this

Resultater fra Google Bøger

Klik på en miniature for at gå til Google Books

Dissent and the Supreme Court: Its Role in…
Indlæser...

Dissent and the Supreme Court: Its Role in the Court's History and the… (udgave 2017)

af Melvin I. Urofsky (Forfatter)

MedlemmerAnmeldelserPopularitetGennemsnitlig vurderingSamtaler
591344,018 (4.25)Ingen
"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"--Dust jacket.… (mere)
Medlem:TF101
Titel:Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue
Forfattere:Melvin I. Urofsky (Forfatter)
Info:Vintage (2017), Edition: Reprint, 544 pages
Samlinger:Dit bibliotek
Vurdering:
Nøgleord:Ingen

Detaljer om værket

Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue af Melvin I. Urofsky

Ingen
Indlæser...

Bliv medlem af LibraryThing for at finde ud af, om du vil kunne lide denne bog.

Der er ingen diskussionstråde på Snak om denne bog.

Urofsky is a well-known and highly regarded historian of the US Supreme Court who has authored books on justice Louis Brandeis as well as on specific historical periods in the court's development and clusters of issues it has faced (affirmative action, for example). Focusing only on the role of dissenting opinions allows him to frame some of the historical trends governing the evolution of the Supreme Court's rulings in useful and unexpected ways.

The existence of dissenting opinions is, in the first place, one of the things that makes the US Supreme Court relatively distinctive. The highest courts of many other nations often explicitly bar dissenting opinions or actively discourage them, in the belief that being seen to speak from the bench with one voice promotes greater certainty in the interpretation and application of the law by lower courts. Indeed, the unified voice was the norm when the US high court began. One goal of Urofsky's history, therefore, is to show how the use of dissent has waxed and waned over the years.

The more useful aspect of his history, however, is his examination of the different roles that dissent has played. At times the number of dissenting opinions serves as an index of the difficulty of the issues before a court at a given time; in other periods, however, proliferating dissent can indicate a weak or disorganized Chief Justice and/or a court of incompatible personalities. Urokfsky is also attentive to the ways in which dissents have been directed strategically at a variety of audiences. Some dissenting opinions, for example, never see the light of day but are circulated internally only in order to shape the final majority opinion (in general justices still favor unanimity and will strive to craft an opinion that can be affirmed by as many of their number as possible). Some dissents are designed to be delivered publicly from the bench in an angry denunciation of one's fellow justices. Still other dissents have been designed to appeal directly to public opinion.

One aspect that I found particularly fascinating--because it runs so counter to our current cultural demand that every single social and political problem should be fixed NOW!--is how many justices over the years have seen themselves engaged in playing the long game. Repeated dissents may, over time, gradually shift the thinking of the other justices. Justice Brandeis took things a step further by targeting many of his dissents at the nascent law review journals, with the goal of having them written about and debated in ways that would shape a future generation of justices.

The number of dissents produced over the years is vast and Urofsky tends to focus only on those that he finds had the most influence on legal discourse. This still makes for fascinating reading, as he patiently unfolds the degree to which dissents have gradually shaped (or even overturned outright) emerging legal thinking concerning the incorporation doctrine (the process by which provisions of the Bill of Rights were gradually extended to cover the laws of individual states), civil rights, free speech and, most recently, the right to privacy.

Due to the nature of his approach, however, the book becomes necessarily more speculative and less satisfying as it approaches the present. Dissents take time--often a long time--to make their presence felt, and in many cases it is still too soon to see how some of the dissents he finds most interesting will play out. It is not beyond the bounds of possibility--and is, in fact devoutly to be wished--that at some later date the Court will look back to the dissents in the infamous Citizens United case and affirm, unequivocally, that a corporation is not a person. ( )
  BornAnalog | Dec 20, 2016 |
ingen anmeldelser | tilføj en anmeldelse
Du bliver nødt til at logge ind for at redigere data i Almen Viden.
For mere hjælp se Almen Viden hjælpesiden.
Kanonisk titel
Originaltitel
Alternative titler
Oprindelig udgivelsesdato
Personer/Figurer
Vigtige steder
Vigtige begivenheder
Beslægtede film
Priser og hædersbevisninger
Indskrift
Tilegnelse
Første ord
Citater
Sidste ord
Oplysning om flertydighed
Forlagets redaktører
Bagsidecitater
Originalsprog
Canonical DDC/MDS

Henvisninger til dette værk andre steder.

Wikipedia på engelsk

Ingen

"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"--Dust jacket.

No library descriptions found.

Beskrivelse af bogen
Haiku-resume

Quick Links

Populære omslag

Vurdering

Gennemsnit: (4.25)
0.5
1
1.5
2
2.5
3
3.5
4 3
4.5
5 1

Er det dig?

Bliv LibraryThing-forfatter.

 

Om | Kontakt | LibraryThing.com | Brugerbetingelser/Håndtering af brugeroplysninger | Hjælp/FAQs | Blog | Butik | APIs | TinyCat | Efterladte biblioteker | Tidlige Anmeldere | Almen Viden | 156,995,237 bøger! | Topbjælke: Altid synlig