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I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases Kindle Edition

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Length: 229 pages

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Editorial Reviews

Review

"Several readers call for more reporting about the atmospherics at court during oral argument. Harvard Law School's Mark Tushnet, whose book, I Dissent, is forthcoming, includes among his great suggestions 'giving readers a take on the tone of argument without over predicting outcomes from that tone.'"

About the Author

Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. Previously a professor of law at Georgetown University and University of Wisconsin, Tushnet is the author of numerous books, including, most recently, A Court Divided. He lives in Washington, DC.

Product Details

  • File Size: 1648 KB
  • Print Length: 229 pages
  • Publisher: Beacon Press (June 1, 2008)
  • Publication Date: June 1, 2008
  • Sold by: Amazon Digital Services, Inc.
  • Language: English
  • ASIN: B001GQ1TDO
  • Text-to-Speech: Enabled
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  • Word Wise: Not Enabled
  • Lending: Not Enabled
  • Enhanced Typesetting: Not Enabled
  • Amazon Best Sellers Rank: #814,485 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
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3 of 3 people found the following review helpful By Gderf on November 3, 2011
Format: Paperback
The idea that much of constitutional law has emanated from dissents rather than majority decisions is not new, however, this is the first book that provides a good selection of examples. It's very interesting and credible, even though the written dissents are edited for readability. Dissents not only from Justices but others like a Pennsylvania judge objecting to the concept of judicial review and Andrew Jackson's objection to the Marshall Court's upholding of the bank in The McCullogh v. Md. decision. There's a memo by Justice Jackson that wasn't published until 34 years after the landmark Brown v. Board of Education. That one shows that the Justices consider all sides of an issue and have some regrets even in a unanimous decision. I wonder what other such memos are in existence. The dissent by Brandeis is characterized as eloquent for someone with the reputation of having the soul of an accountant, although Brandeis himself stated that he felt freer when writing in dissent than when writing to represent views of the Court.

Many of issues in the book, such as civil rights, interstate commerce and privacy rights are still extant today while the Dred Scott decision, of great historical interest, is now moot.
Selection of cases provides an excellent tool for the reader to see the judicial reasoning on all sides of many issues. The selection of 16 cases provides an excellent introduction to SC jurisprudence on civil rights, school prayer, redistricting, right of privacy, commerce, human vs property rights, gay rights, and the Incorporation doctrine interpretation of Due Process of the Fourteenth Amendment.

Tushnet introduces the idea of popular constitutionality whereby we the public share responsibility for jurisprudence. A book could be written to expand on the concept.
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1 of 2 people found the following review helpful By W. P. McCrone on September 20, 2010
Format: Paperback Verified Purchase
This is book that needed to be written. Prof Tushnet guides the reader thru the most remarkable Supreme Court dissents, opinions that were so often vindicated in later years. His writing style is clear and engaging. Highly recommended.
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0 of 1 people found the following review helpful By Carl F. Austerlitz on February 8, 2013
Format: Paperback Verified Purchase
This is one of several sources on the opinions of the Court and some of the dissenting opinions
that were raised by the minority justices.

This is a good source of this information.
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