| Description |
1 online resource (252 pages) |
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text file |
| Contents |
Cover; DISSENTING VOICES IN AMERICAN SOCIETY; Title; Copyright; Dedication; Contents; Contributors; Acknowledgments; Dissent and the American Story: An Introduction; 1: The Ethics of an Alternative: Counterfactuals and the Tone of Dissent; Forster's Counterfactual Imagination; From Counterfactual Experience to Factual Judgment: Rusk v. State; Comment on Chapter 1: The Role of Counterfactual Imagination in the Legal System: Misplaced Judgment or Inevitable Dissent?; I. The Counterfactual Imagination as Dissent in Literature. |
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II. The Misuse of the Counterfactual Imagination in Legal Reasoning: The Lesson of Rusk v. StateIII. The Usurpation of Jury Power: An Increasing Problem Right out of the Box; IV. Counterfactual Imagination: A Delicate and Dangerous Enterprise for Jurors and Judges Alike; Conclusion; 2: American Animus: Dissent and Disapproval in Bowers v. Hardwick, Romer v. Evans, and Lawrence v. Texas; Bowers v. Hardwick; Romer v. Evans: In Defense of Animus; A Culture of Animus; Moral Opprobrium and the Voice of the People: The Opposite of Animus; Dissenting against Animus; Lawrence v. Texas. |
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Regenerating Animus or, Animus as Punitive; Animus as Zero-Sum Game; Conclusion; Comment on Chapter 2: Animus-Supported Argument versus Animus-Supported Standing; 1. Lee's American Animus: A Basis for Law; 2. Animus, However Much a Basis for Law, Is Not a Basis for Legal Standing; 3. Standing for Animus in Gay-Marriage Litigation?; 4. Animus-Based Standing for Conservative Litigants?; 3: Dissent and Authenticity in the History of American Racial Politics; I. Why Write the History of Dissenters?; II. Two Lawyers, and a Generational Divide; III. Dissent and Conformity in a Southern Courtroom. |
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IV. The Strange Journey of Loren MillerV. Re-writing the History of Dissent; Comment on Chapter 3: Dissenters as Dissidents: Charles Hamilton Houston and Loren Miller; 4: The Legal Academy and the Temptations of Power: The Difficulty of Dissent; I. Do We Believe in Legal Expertise?; II. Sources of Temptation; III. Current Debates Concerning Presidential Power; IV. The Difficulty of the Problem; Comment on Chapter 4: Why Dissent Isn't Free: A Commentary on Pildes's "The Legal Academy and the Temptations of Power"; 1. More Than Guns for Hire; 2. Internal Institutional Risks to Dissent. |
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3. Limits on Dissent in the Marketplace of Ideas5: Why Societies Don't Need Dissent (as Such); Comment on Chapter 5: Questioning the Value of Dissent and Free Speech More Generally: American Skepticism of Government and the Protectionof Low-Value Speech; I. Dissent -- Indeed Most Speech -- Lacks Much Objective Social Value; II. Pervasive Fear Rather Than Intrinsic Value Undergirds the Protection of Expressive Freedom in the United States; III. The Wider World Does Not Share the Pervasive U.S. Concern with Abusive Use of Government Power and Reposes Greater Trust in the State. |
| Note |
IV. The Distrust Principle in Action in the Supreme Court's Modern Free Speech Jurisprudence. |
| Summary |
A collection of essays and commentary that explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. |
| Bibliography |
Includes bibliographical references and index. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Dissenting opinions -- United States -- Congresses.
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Dissenting opinions. |
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United States. |
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Judicial opinions -- United States -- Congresses.
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Judicial opinions. |
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Dissenters -- Legal status, laws, etc. -- United States -- Congresses.
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Dissenters -- Legal status, laws, etc. |
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Dissenters. |
| Genre/Form |
Electronic books.
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Conference papers and proceedings.
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Electronic books.
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Conference papers and proceedings.
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| Other Form: |
Print version: Sarat, Austin. Dissenting Voices in American Society : The Role of Judges, Lawyers, and Citizens. Cambridge : Cambridge University Press, ©2012 9781107014237 |
| ISBN |
9781139232234 |
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1139232231 |
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1107014239 |
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9781107014237 |
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9781139013635 (electronic book) |
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1139013637 (electronic book) |
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9781139233774 |
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1139233777 |
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9781139230780 |
| Standard No. |
9786613580665 |
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