When Dissents Matter: Judicial Dialogue through US Supreme Court Opinions (Constitutionalism and Democracy)

By: and and

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Synopsis
The ability of US Supreme Court justices to dissent from the majority, to formally register and explain their belief that a case has been wrongly decided, represents a time-honored tradition of perhaps the most august American institution. Yet the impact of these dissents, which allow justices to engage in a dialogue over law and policy, has seldom, if ever, been the focus of dedicated study. Analyzing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why.Drawing on the private papers of the justices and original data, this book demonstrates that court majorities engage with dissents posing a particular threat to their opinions, and that they can be persuaded by thoughtful and careful dissenting arguments.
Copyright:
2023

Book Details

Book Quality:
Publisher Quality
Book Size:
180 Pages
ISBN-13:
9780813950181
Related ISBNs:
9780813950167
Publisher:
University of Virginia Press
Date of Addition:
Copyrighted By:
the Rector and Visitors of the University of Virginia
Adult content:
No
Language:
English
Has Image Descriptions:
No
Categories:
History, Nonfiction, Law, Legal Issues and Ethics, Philosophy, Politics and Government
Submitted By:
Bookshare Staff
Usage Restrictions:
This is a copyrighted book.

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