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Arbitration and award --- Arbitration and award --- Dissenting opinions --- Dissenting opinions
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"Analyzing the influence of previous US Supreme Court dissents on future 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, including textual analysis of opinions, this book demonstrates that court majorities engage with dissents that pose a particular threat to the strength and position of the majority opinion-specifically, well-crafted and attention-grabbing dissents from larger, ideologically mixed coalitions. These results suggest that majorities can be persuaded by thoughtful and careful dissenting arguments but must defend against strident appeals to external actors, including the other branches of government, the media, and the public"--
Dissenting opinions --- Judicial opinions --- Judicial process
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Capital punishment --- Dissenting opinions --- -Marshall, Thurgood --- Brennan, William J. --- -Dissenting opinions --- -Separate opinions (Dissenting opinions) --- Judicial opinions --- Abolition of capital punishment --- Death penalty --- Death sentence --- Criminal law --- Punishment --- Executions and executioners --- Marshall, Thurgood --- -Brennan, William J. --- Separate opinions (Dissenting opinions) --- Marshall, Thurgood, --- Capital punishment - United States --- Dissenting opinions - - United States
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When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and, sometimes, the subsequent recognition of a dissenting opinion's correctness and its ultimate vindication. On some occasions, all these features may be strongly present, on others only some. Through a diverse selection of memorable dissenting opinions, this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable, but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic, while so many lie forgotten.
Law --- Dissenting opinions --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Separate opinions (Dissenting opinions) --- Judicial opinions --- History.
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America values dissent. It tolerates, encourages and protects it. But what is this thing we value? That is a question never asked. 'Dissent' is treated as a known fact. For all that has been said about it - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal or cultural meanings or usages. There is a need to develop some clarity about this phenomenon, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
Government, Resistance to --- Dissenting opinions --- Judicial opinions --- Dissenters --- Dissidents --- Nonconformists --- Rebels (Social psychology) --- Conformity --- Separate opinions (Dissenting opinions) --- Legal status, laws, etc. --- Law --- General and Others
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Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
Dissenting opinions --- Judicial opinions --- Dissenters --- Opinions, Judicial --- Legal opinions --- Separate opinions (Dissenting opinions) --- Dissidents --- Nonconformists --- Rebels (Social psychology) --- Conformity --- Legal status, laws, etc. --- Law --- General and Others
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Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on - and will prompt lawyers to pose fresh questions about - the common law tradition and the nature of judicial decision-making.
Common law --- Judicial process --- Dissenting opinions. --- Methodology. --- Separate opinions (Dissenting opinions) --- Judicial opinions --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Anglo-American law --- Law, Anglo-American --- Customary law --- Psychological aspects --- Interpretation and construction --- Obiter dictum
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