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Author: Thomas Healy
Publisher: Macmillan
ISBN: 0805094563
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
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.
Author: Thomas Healy
Publisher: Macmillan
ISBN: 0805094563
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
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.
Author: Thomas Healy
Publisher: Macmillan + ORM
ISBN: 1429949090
Category : Biography & Autobiography
Languages : en
Pages : 347
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Book Description
A Kirkus Reviews Best Nonfiction Book of the Year: “Fascinating . . . A magnificent book about a magnificent moment in American legal history.” —The Atlantic A Winner of the Robert F. Kennedy Book Award No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained individual rights, including the right to express one’s political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation. “Compelling [and] charming.” —The Wall Street Journal “A beautifully written history, capturing the lively and passionate debate as Holmes came to see the abiding imperative of free speech and defend it at great cost to his own reputation at the time.” —Booklist “A stirring mix of intelligent biography and truly significant social and legal history.” —TheChristian Science Monitor
Author: Peter S. Canellos
Publisher: Simon and Schuster
ISBN: 1501188216
Category : Biography & Autobiography
Languages : en
Pages : 624
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Book Description
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. --
Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 9780674017689
Category : Law
Languages : en
Pages : 262
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Book Description
Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense.
Author: Mark Tushnet
Publisher: Beacon Press
ISBN: 9780807000366
Category : Law
Languages : en
Pages : 260
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Book Description
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.
Author: Ernest Freeberg
Publisher: Harvard University Press
ISBN: 0674027922
Category : Biography & Autobiography
Languages : en
Pages : 393
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Book Description
In 1920, socialist leader Eugene V. Debs ran for president while serving a ten-year jail term for speaking against America’s role in World War I. Though many called Debs a traitor, others praised him as a prisoner of conscience, a martyr to the cause of free speech. Nearly a million Americans agreed, voting for a man whom the government had branded an enemy to his country. In a beautifully crafted narrative, Ernest Freeberg shows that the campaign to send Debs from an Atlanta jailhouse to the White House was part of a wider national debate over the right to free speech in wartime. Debs was one of thousands of Americans arrested for speaking his mind during the war, while government censors were silencing dozens of newspapers and magazines. When peace was restored, however, a nationwide protest was unleashed against the government’s repression, demanding amnesty for Debs and his fellow political prisoners. Led by a coalition of the country’s most important intellectuals, writers, and labor leaders, this protest not only liberated Debs, but also launched the American Civil Liberties Union and changed the course of free speech in wartime. The Debs case illuminates our own struggle to define the boundaries of permissible dissent as we continue to balance the right of free speech with the demands of national security. In this memorable story of democracy on trial, Freeberg excavates an extraordinary episode in the history of one of America’s most prized ideals.
Author: Andrew Lynch
Publisher: Cambridge University Press
ISBN: 1107158532
Category : Law
Languages : en
Pages : 393
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Book Description
This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 110187063X
Category : Law
Languages : en
Pages : 545
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Book Description
“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.
Author: Jonathan Bolton
Publisher: Harvard University Press
ISBN: 0674064836
Category : History
Languages : en
Pages : 360
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Book Description
Worlds of Dissent analyzes the myths of Central European resistance popularized by Western journalists and historians, and replaces them with a picture of the struggle against state repression as the dissidents themselves understood, debated, and lived it. In the late 1970s, when Czech intellectuals, writers, and artists drafted Charter 77 and called on their government to respect human rights, they hesitated to name themselves "dissidents." Their personal and political experiences--diverse, uncertain, nameless--have been obscured by victory narratives that portray them as larger-than-life heroes who defeated Communism in Czechoslovakia. Jonathan Bolton draws on diaries, letters, personal essays, and other first-person texts to analyze Czech dissent less as a political philosophy than as an everyday experience. Bolton considers not only Václav Havel but also a range of men and women writers who have received less attention in the West--including Ludvík Vaculík, whose 1980 diary The Czech Dream Book is a compelling portrait of dissident life. Bolton recovers the stories that dissidents told about themselves, and brings their dilemmas and decisions to life for contemporary readers. Dissidents often debated, and even doubted, their own influence as they confronted incommensurable choices and the messiness of real life. Portraying dissent as a human, imperfect phenomenon, Bolton frees the dissidents from the suffocating confines of moral absolutes. Worlds of Dissent offers a rare opportunity tounderstand the texture of dissent in a closed society.
Author: Ralph Young
Publisher: NYU Press
ISBN: 1479814520
Category : History
Languages : en
Pages : 698
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Book Description
Finalist, 2016 Ralph Waldo Emerson Award One of Bustle's Books For Your Civil Disobedience Reading List Examines the key role dissent has played in shaping the United States, emphasizing the way Americans responded to injustices 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.
