Dissenting voices in American society : the role of judges, lawyers, and citizens / edited by Austin Sarat.
2012
KF8990.A75 D57 2012 (Map It)
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Details
Title
Dissenting voices in American society : the role of judges, lawyers, and citizens / edited by Austin Sarat.
Published
Cambridge ; New York : Cambridge University Press, 2012.
Call Number
KF8990.A75 D57 2012
ISBN
9781107014237 (hardback)
1107014239 (hardback)
1107014239 (hardback)
Description
xi, 237 pages ; 24 cm
System Control No.
(OCoLC)755213641
Summary
"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. In what voices and tones do dissenting voices speak? What worlds does dissent try to imagine and what in the end is the value of dissent? Where does dissent speak without actually speaking? Where do dissenting voices most often go unheard or unrecognized? Do we find dissent wherever we find discontent? Wherever we find expression? 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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Added Author
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Contributors
ix
Acknowledgments
xi
Dissent and the American Story: An Introduction / Austin Sarat
1
1.
The Ethics of an Alternative: Counterfactuals and the Tone of Dissent / Ravit Reichman
19
Comment on Chapter 1
The Role of Counterfactual Imagination in the Legal System: Misplaced Judgment or Inevitable Dissent? / Suzette M. Malveaux
42
2.
American Animus: Dissent and Disapproval in Bowers v. Hardwick, Romer v. Evans, and Lawrence v. Texas / Susanna Lee
56
Comment on Chapter 2
Animus-Supported Argument versus Animus-Supported Standing / Heather Elliott
92
3.
Dissent and Authenticity in the History of American Racial Politics / Kenneth W. Mack
105
Comment on Chapter 3
Dissenters as Dissidents: Charles Hamilton Houston and Loren Miller / Tony A. Freyer
144
4.
The Legal Academy and the Temptations of Power: The Difficulty of Dissent / Richard H. Pildes
160
Comment on Chapter 4
Why Dissent Isn't Free: A Commentary on Pildes's "The Legal Academy and the Temptations of Power" / Bryan K. Fair
182
5.
Why Societies Don't Need Dissent (as Such) / Mark Tushnet
192
Comment on Chapter 5
Questioning the Value of Dissent and Free Speech More Generally: American Skepticism of Government and the Protection of Low-Value Speech / Ronald J. Krotoszynskl Jr.
209
Index
231