Includes bibliographical references (pages 145-156) and index.
Contents:
Introduction: A theory of judicial dialogue and dissent -- Dissenting behavior on the US Supreme Court -- Endeavoring to accommodate : dissent coalition behavior -- Intra-Court dialogue : contemporaneous effect of dissents on majority opinions -- Judicial conversations through time : the influence of dissents on future US Supreme Court majority opinions.
Summary:
"Analyzing the influence of previous US Supreme Court dissents on future majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why. Drawing on the private papers of the justices and original data, including textual analysis of opinions, this book demonstrates that court majorities engage with dissents that pose a particular threat to the strength and position of the majority opinion-specifically, well-crafted and attention-grabbing dissents from larger, ideologically mixed coalitions. These results suggest that majorities can be persuaded by thoughtful and careful dissenting arguments but must defend against strident appeals to external actors, including the other branches of government, the media, and the public"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.