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Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 030774132X
Category : Law
Languages : en
Pages : 546
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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: Melvin I. Urofsky
Publisher: Vintage
ISBN: 030774132X
Category : Law
Languages : en
Pages : 546
Get Book Here
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: 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: 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: Charlan Jeanne Nemeth
Publisher: Basic Books
ISBN: 0465096301
Category : Business & Economics
Languages : en
Pages : 205
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Book Description
An eminent psychologist explains why dissent should be cherished, not feared We've decided by consensus that consensus is good. In In Defense of Troublemakers, psychologist Charlan Nemeth argues that this principle is completely wrong: left unchallenged, the majority opinion is often biased, unoriginal, or false. It leads planes and markets to crash, causes juries to convict innocent people, and can quite literally make people think blue is green. In the name of comity, we embrace stupidity. We can make better decisions by embracing dissent. Dissent forces us to question the status quo, consider more information, and engage in creative decision-making. From Twelve Angry Men to Edward Snowden, lone objectors who make people question their assumptions bring groups far closer to truth -- regardless of whether they are right or wrong. Essential reading for anyone who works in groups, In Defense of Troublemakers will radically change the way you think, listen, and make decisions.
Author: Autori Vari
Publisher: Viella Libreria Editrice
ISBN: 8867287745
Category : History
Languages : en
Pages : 308
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Book Description
Inspired by current debates around political confrontation and the exercise of power, Fabrizio Titone offers an interpretation based on the concept of disciplined dissent. This interpretation is centred on the notion of diffused power and is designed to transcend the binary distinction consensus/resistance. The aim is to identify the conservative process involved in mounting a critique, a protest, through which those who object may have intercepted and then deployed on their own account the cultural repertoire of those in a position of authority. This was with a view to obtaining a hearing, or even influencing the activities of the government and decentering the exercise of power. The essays collected here take as their theoretical point of departure the concept of disciplined dissent. In order to ascertain how adaptable the latter is, the decision was taken to include studies relating to wholly distinct political contexts. Contributions by scholars from different backgrounds shed light upon different circumstances prevailing in continental and non-continental medieval Europe. The aim is to offer a broad spectrum of analyses on political confrontation, the formulation of critiques and the attainment of spaces for participation by means of non-violent protest.
Author: Joseph A. Allen
Publisher: Cambridge University Press
ISBN: 1316368521
Category : Psychology
Languages : en
Pages : 1085
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Book Description
This first volume to analyze the science of meetings offers a unique perspective on an integral part of contemporary work life. More than just a tool for improving individual and organizational effectiveness and well-being, meetings provide a window into the very essence of organizations and employees' experiences with the organization. The average employee attends at least three meetings per week and managers spend the majority of their time in meetings. Meetings can raise individuals, teams, and organizations to tremendous levels of achievement. However, they can also undermine effectiveness and well-being. The Cambridge Handbook of Meeting Science assembles leading authors in industrial and organizational psychology, management, marketing, organizational behavior, anthropology, sociology, and communication to explore the meeting itself, including pre-meeting activities and post-meeting activities. It provides a comprehensive overview of research in the field and will serve as an invaluable starting point for scholars who seek to understand and improve meetings.
Author: Michael A. Roberto
Publisher: Pearson Education
ISBN: 0132716461
Category : Business & Economics
Languages : en
Pages : 396
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Book Description
Harvard Business School's Michael Roberto draws on powerful decision-making case studies from every walk of life, showing how to promote honest, constructive dissent and skepticism; use it to improve decisions; and align organizations behind those decisions. Learn from disasters like the Space Shuttle Columbia and JFK's Bay of Pigs Invasion, from successes like Sid Caesar and Bill Parcells, from George W. Bush's decision-making after 9/11. Roberto complements his compelling case studies with extensive new research on executive decisionmaking. Discover how to test and probe a management team; when 'yes' means 'yes' and when it doesn't; and how to build real consensus that leads to action. Gain important new insights into managing teams, mitigating risk, promoting corporate ethics, and much more.
Author: Jeffrey Kassing
Publisher: Polity
ISBN: 0745651402
Category : Business & Economics
Languages : en
Pages : 240
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Book Description
Employees often disagree with workplace policies and practices, leaving few workplaces unaffected by organizational dissent. While disagreement persists in most contemporary organizations, how employees express dissent at work and how their respective organizations respond to it vary widely. Through the use of case studies, first-person accounts, current examples, conceptual models, and scholarly findings this work offers a comprehensive treatment of organizational dissent. Readers will find a sensible balance between theoretical considerations and practical applications. Theoretical considerations include: how dissent fits within classical and contemporary organizational communication approaches dissent's relationship to, yet distinctiveness from, related organizational concepts like conflict, resistance, and voice explanations for why employees express dissent and how they make sense of it the relationship between organizational dissent and ethics Practical applications encompass: recommendations for employees expressing dissent and managers responding to it consideration of the range of events that trigger dissent strategies employees use to express dissent and tools organizations can apply to solicit it effectively the unique challenges and benefits associated with expressing dissent to management The book's specific focus and engaged voice provide students, scholars, and practitioners with a deeper understanding of dissent as an important aspect of workplace communication.
Author: Steven H. Shiffrin
Publisher: Princeton University Press
ISBN: 0691070237
Category : Language Arts & Disciplines
Languages : en
Pages : 219
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Book Description
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
Author: William Kaplan
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773550844
Category : Political Science
Languages : en
Pages : 371
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Book Description
Frances Kelsey was a quiet Canadian doctor and scientist who stood up to a huge pharmaceutical company wanting to market a new drug - thalidomide - and prevented an American tragedy. The nature writer Rachel Carson identified an emerging environmental disaster and pulled the fire alarm. Public protests, individual dissenters, judges, and juries can change the world - and they do. A wide-ranging and provocative work on controversial subjects, Why Dissent Matters tells a story of dissent and dissenters - people who have been attacked, bullied, ostracized, jailed, and, sometimes when it is all over, celebrated. William Kaplan shows that dissent is noisy, messy, inconvenient, and almost always time-consuming, but that suppressing it is usually a mistake - it’s bad for the dissenter but worse for the rest of us. Drawing attention to the voices behind international protests such as Occupy Wall Street and Boycott, Divest, and Sanction, he contends that we don’t have to do what dissenters want, but we should listen to what they say. Our problems are not going away. There will always be abuses of power to confront, wrongs to right, and new opportunities for dissenting voices to say, "Stop, listen to me." Why Dissent Matters may well lead to a different and more just future.
