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Dissenting Voices in American Society The Role of Judges, Lawyers, and Citizens

By Austin Sarat
Cambridge University Press March 2012

Specifications

ISBN-13
9781107014237
Publisher
Cambridge University Press
Publication
March 2012
Format
Hardback , 250 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

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. 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.

• Explores the status of dissent in the work and lives of judges, lawyers, and citizens and in our institutions and culture

• Brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, the dissenting judge

• Examines the forms of dissent that institutions make possible and those that are discouraged or domesticated

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. Krotoszynski Jr.
209
Index
231

About the Author

Austin Sarat
Amherst College, Massachusetts

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