I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases

Mark Tushnet
Beacon Press, 01.06.2008 - 256 Seiten
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.

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LibraryThing Review

Nutzerbericht  - DSeanW - LibraryThing

While an excellent selection of pieces this is nonetheless a very odd collection. The editors takes every opportunity to highlight his belief, driven by theories of popular constitutionalism, that the ... Vollständige Rezension lesen

LibraryThing Review

Nutzerbericht  - tinLizzy - LibraryThing

Overall - a great analysis and look at the most significant dissenting decisions in the history of the Supreme Court. Was a great spring board for me to be inspired to explore further some of the ... Vollständige Rezension lesen


The legislature is entitled to all
Experience should teach us wisdom
Among those for whom and whose
To enable the black race to take the rank
There is no caste here
omnicompetence to judges
A sterile metaphor which by its very
Iget nowhere in this case by talk about
That is what this suit is about Power
Do not believe it

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Über den Autor (2008)

Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. Previously a professor of law at Georgetown University and University of Wisconsin, Tushnet is the author of numerous books, including, most recently, A Court Divided. He lives in Washington, DC.

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