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

Description

Book 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.

Details

Discover the power of dissent in shaping legal and policy debates with When Dissents Matter: Judicial Dialogue through US Supreme Court Opinions (Constitutionalism and Democracy). This groundbreaking book delves into the often overlooked influence of dissenting opinions on the decision-making process of the US Supreme Court.

Through meticulous analysis of past dissents and their impact on later majority opinions, this comprehensive study reveals which types of dissenting arguments successfully shape the Court's direction and why. Drawing on the justices' private papers and original data, you'll gain insights into how thoughtful and careful dissenting arguments can persuade and influence the highest court in the land.

Unlike any other book, When Dissents Matter offers a unique and invaluable perspective on the inner workings of the US Supreme Court. By exploring the dialogue that takes place within the Court, you'll gain a deeper understanding of the dynamics between justices and the significance of dissent in upholding constitutionalism and democracy.

Don't miss out on this essential resource for legal scholars, practitioners, and anyone interested in the intricacies of the US judicial system. Order your copy of When Dissents Matter today and be part of the conversation that shapes the future of law and policy.

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