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I Dissent Great Opposing Opinions in Landmark Supreme Court Cases

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ISBN-10: 0807000361

ISBN-13: 9780807000366

Edition: 2008

Authors: Mark Tushnet

List price: $16.00
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Description:

American history can be traced in part through the words of the majority decisions in landmark Supreme Court cases. Now, for the first time, one of the most distinguished Supreme Court scholars has gathered famous dissents as he considers a provocative question: how might our history appear now if these cases in the highest court in the country had turned out differently? The surprising answer Tushnet offers: not all that different. Tushnet introduces and explains sixteen influential cases from throughout the Courts history, putting them into political context and offering a sense of what could have developed if the dissents were instead the majority opinions. Ultimately, Tushnet…    
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Book details

List price: $16.00
Copyright year: 2008
Publisher: Beacon Press
Publication date: 6/1/2008
Binding: Paperback
Pages: 256
Size: 5.50" wide x 8.50" long x 0.75" tall
Weight: 0.726

Earl J. Hess is associate professor of history at Lincoln Memorial University. He is author of many books on the Civil War, including, most recently, The Civil War in the West: Victory and Defeat from the Appalachians to the Mississippi.Mark V. Tushnet, professor of law at Georgetown University Law Center, is author, coauthor, or editor of twenty books, including a two-volume history of Thurgood Marshall's years on the Supreme Court.

Introduction: Why Dissent?
"The legislature is entitled to all the deference that is due the judiciary.": Marbury v. Madison, 1803
"Experience should teach us wisdom.": McCulloch v. Maryland, 1819
"Among those for whom and whose posterity the Constitution was ordained and established.": Dred Scott v. Sanford, 1857
"To enable the black race to take the rank of mere citizens.": The Civil Rights Cases, 1883
"There is no caste here.": Plessy v. Ferguson, 1896
"Room for debate and for an honest difference of opinion.": Lochner v. New York, 1905
"Men feared witches and burned women.": Whitney v. California, 1927
"Almost anything-marriage, birth, death-may in some fashion affect commerce.": National Labor Relations Board v. Jones & Laughlin Steel Corp., 1937
"The ugly abyss of racism.": Korematsu v. United States, 1944
"Refrain from invidious discriminations.": Goesaert v. Cleary, 1948
"Our decision does not end but begins the struggle over segregation.": Brown v. Board of Education, 1954
"To attribute, however flatteringly, omnicompetence to judges.": Baker v. Carr, 1962
"A sterile metaphor which by its very nature may distort rather than illumine the problems.": Abington School District v. Schempp, 1963
"I get nowhere in this case by talk about a constitutional 'right of privacy.'": Griswold v. Connecticut, 1965
"That is what this suit is about. Power.": Morrison v. Olson, 1988
"Do not believe it.": Lawrence v. Texas, 2003
Conclusion
Sources and Additional Readings