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Wednesday, May 27, 2015

Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue


I came across 'Brandeis Briefs' in 'Enabling Acts: The Hidden Story of How the Americans with Disabilities Act Gave the Largest US Minority Its Rights' by Lennard J. Davis. Before I found the time to refer to it, I opened 'Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue' by Melvin I. Urofsky who happens to have written a book on the very Louis D Brandeis who led to 'Brandeis Briefs' with his 'compilation of scientific information and social science than on legal citations'.
If you are into legal history, you will have a ball reading how the tug of war settled in many cases. The how could involve interesting Concurrences and or Dissent. Concurrence is when the end is same but the reasoning to get to the outcome is different. Dissent is being at odds with the outcome. The expectation of the Supreme Court is to be the final word on law but for democratic purposes and future thinking, dissents are encouraged.
The book goes into detail about many cases. I enjoyed not just the specifics of the cases but also the thought processes. How prevailing legal opinions change overtime, how nature got its legal rights, what charter means for property rights.

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