Dissent and the constitutional dialogue: Its Role in the Court's History and the Nation's Constitutional Dialogue 9780307379405, 9781101870631, 030737940X, 110187063X

Table of contents :
Dissent and the constitutional dialogue --
From Seriatim to the opinion of the court --
From Marshall to Dred Scott --
Field, slaughterhouse, and Munn --
John Marshall Harlan : the first great dissenter --
Mis-en-scn̈e 1 : Harlan and Holmes in Lochner v. New York --
Holmes and Brandeis dissenting --
Mis-en-scn̈e 2 : Brandeis in Olmstead v. United States --
The return of Seriatim : causes --
The prima donnas I : personalities and issues of wartime --
Mis-en-scn̈e 3 : Wiley Rutledge and in re Yamashita --
The prima donnas II : incorporation, criminal procedure, and free speech --
Mis-en-scn̈e 4 : black in Betts v. Brady --
Lower federal courts, the states, and foreign tribunals --
Continuing themes : from Warren to Roberts --
Mis-en-scn̈e 5 : Marshall, Brennan, and capital punishment --
Coda.

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