Dissent and the Supreme Court

Dissent and the Supreme Court PDF 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.

Dissent and the Supreme Court

Dissent and the Supreme Court PDF Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 110187063X
Category : Law
Languages : en
Pages : 545

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.

Worlds of Dissent

Worlds of Dissent PDF 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.

Why Great Leaders Don't Take Yes for an Answer

Why Great Leaders Don't Take Yes for an Answer PDF 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.

In Defense of Troublemakers

In Defense of Troublemakers PDF 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.

Why Societies Need Dissent

Why Societies Need Dissent PDF 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.

Deconstructing Habermas

Deconstructing Habermas PDF Author: Lasse Thomassen
Publisher: Routledge
ISBN: 1134236913
Category : Social Science
Languages : en
Pages : 202

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Book Description
This book is the first book-length deconstructive study of the political philosophy of Jürgen Habermas. Inspired by the work of Jacques Derrida, the book applies deconstruction to key issues in Habermas’s work: rational discourse and rational consensus, constitutional democracy, tolerance and civil disobedience. The war in Iraq brought Habermas and Derrida together in defense of international law and in favor of a bigger role for a united Europe in international affairs. Yet, despite the rapprochement between Habermas and Derrida in the years prior to Derrida’s death, important differences remain between Habermas’s critical theory and Derrida’s deconstruction. These differences reflect differences between post-structuralism and critical theory and between postmodernists and the defenders of modernity.

The Democratic Paradox

The Democratic Paradox PDF Author: Chantal Mouffe
Publisher: Verso Books
ISBN: 1789604710
Category : Philosophy
Languages : en
Pages : 154

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Book Description
From the theory of 'deliberative democracy' to the politics of the 'third way', the present Zeitgeist is characterized by attempts to deny what Chantal Mouffe contends is the inherently conflictual nature of democratic politics. Far from being signs of progress, such ideas constitute a serious threat to democratic institutions. Taking issue with John Rawls and Jrgen Habermas on one side, and the political tenets of Blair, Clinton and Schrder on the other, Mouffe brings to the fore the paradoxical nature of modern liberal democracy in which the category of the 'adversary' plays a central role. She draws on the work of Wittgenstein, Derrida, and the provocative theses of Carl Schmitt, to propose a new understanding of democracy which acknowledges the ineradicability of antagonism in its workings.

The Cambridge Handbook of Meeting Science

The Cambridge Handbook of Meeting Science PDF 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.

The Routledge Handbook of Philosophy of Disagreement

The Routledge Handbook of Philosophy of Disagreement PDF Author: Maria Baghramian
Publisher: Taylor & Francis
ISBN: 1040151175
Category : Philosophy
Languages : en
Pages : 767

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Book Description
Disagreement is one of the deepest and most pervasive topics in philosophy; arguably its very bedrock, and is an ever-increasing feature of politics, ethics, public policy, science and many other areas. Despite the omnipresence of disagreement, the topic itself has received relatively little sustained examination. This outstanding handbook examines the philosophy of disagreement and how it extends to debates in public policy and science. Comprising 41 chapters by an international team of highly distinguished contributors, the Handbook is divided into six clear parts: Philosophy of Disagreement Epistemology of Disagreement Disagreement in Science Moral Disagreement Political Disagreement Disagreement and Public Policy Within these sections key topics are examined, including skepticism, truth, pluralism, feminist philosophy, philosophy of religion, epistemology of peer disagreement, ethics, metaethics, political philosophy, rationality, intellectual virtues, relativism, realism, instrumentalism, and scientific method. Ideal for those studying and researching philosophy and especially epistemology, ethics and philosophy of science, The Routledge Handbook of Philosophy of Disagreement will also be of interest to those in related disciplines such as politics, social policy and law.

The Epistemology of Group Disagreement

The Epistemology of Group Disagreement PDF Author: Fernando Broncano-Berrocal
Publisher: Routledge
ISBN: 0429666306
Category : Education
Languages : en
Pages : 293

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Book Description
This book brings together philosophers to investigate the nature and normativity of group disagreement. Debates in the epistemology of disagreement have mainly been concerned with idealized cases of peer disagreement between individuals. However, most real-life disagreements are complex and often take place within and between groups. Ascribing views, beliefs, and judgments to groups is a common phenomenon that is well researched in the literature on the ontology and epistemology of groups. The chapters in this volume seek to connect these literatures and to explore both intra- and inter- group disagreements. They apply their discussions to a range of political, religious, social, and scientific issues. The Epistemology of Group Disagreement is an important resource for students and scholars working on social and applied epistemology; disagreement; and topics at the intersection of epistemology, ethics, and politics.