I DISSENT(ISBN=9780807000366) 下载 pdf 百度网盘 epub 免费 2025 电子版 mobi 在线

　　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.

INTRODUCTION: Why Dissent?

CHAPTER I: "The/egislature is entitled to a]] the

　deference that is due the judiciary."

　Marbury v. Madison, 18o3

　Pennsylvania Supreme Court justice

　John Bannister Gibson

CHAPTER 2: "Experience should teach us wisdom."

　McCulloch v. Maryland, 1819

　President Andrew Jackson

CHAPTER3 : ";Among those for whom and whose

　posterity the Constitution was ordained and established."

　Dred Scott v. Sanford, t857

　Justice Benjamin R. Curtis

CHAPTER 4: "Tb enable the black race to take the rank

　of mere citizens."

　The Civil Rights Cases, 1883

　Justice John Marshall Harlan

CHAPTER 5: "There is no caste here."

　Plessy v. Ferguson, 1896

　Justice John Marshall Harlan

……

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