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Dissenting Voices in American Society

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

Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 9781107014237
Published In: March 2012
Format: Hardback , 250 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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