Dissenting voices in American society : the role of Judges, lawyers, and citizens.

Cover; DISSENTING VOICES IN AMERICAN SOCIETY; Title; Copyright; Dedication; Contents; Contributors; Acknowledgments; Dissent and the American Story: An Introduction; 1: The Ethics of an Alternative: Counterfactuals and the Tone of Dissent; Forster's Counterfactual Imagination; From Counterfactual Experience to Factual Judgment: Rusk v. State; Comment on Chapter 1: The Role of Counterfactual Imagination in the Legal System: Misplaced Judgment or Inevitable Dissent?; I. The Counterfactual Imagination as Dissent in Literature.

II. The Misuse of the Counterfactual Imagination in Legal Reasoning: The Lesson of Rusk v. StateIII. The Usurpation of Jury Power: An Increasing Problem Right out of the Box; IV. Counterfactual Imagination: A Delicate and Dangerous Enterprise for Jurors and Judges Alike; Conclusion; 2: American Animus: Dissent and Disapproval in Bowers v. Hardwick, Romer v. Evans, and Lawrence v. Texas; Bowers v. Hardwick; Romer v. Evans: In Defense of Animus; A Culture of Animus; Moral Opprobrium and the Voice of the People: The Opposite of Animus; Dissenting against Animus; Lawrence v. Texas.

Regenerating Animus or, Animus as Punitive; Animus as Zero-Sum Game; Conclusion; Comment on Chapter 2: Animus-Supported Argument versus Animus-Supported Standing; 1. Lee's American Animus: A Basis for Law; 2. Animus, However Much a Basis for Law, Is Not a Basis for Legal Standing; 3. Standing for Animus in Gay-Marriage Litigation?; 4. Animus-Based Standing for Conservative Litigants?; 3: Dissent and Authenticity in the History of American Racial Politics; I. Why Write the History of Dissenters?; II. Two Lawyers, and a Generational Divide; III. Dissent and Conformity in a Southern Courtroom.

IV. The Strange Journey of Loren MillerV. Re-writing the History of Dissent; Comment on Chapter 3: Dissenters as Dissidents: Charles Hamilton Houston and Loren Miller; 4: The Legal Academy and the Temptations of Power: The Difficulty of Dissent; I. Do We Believe in Legal Expertise?; II. Sources of Temptation; III. Current Debates Concerning Presidential Power; IV. The Difficulty of the Problem; Comment on Chapter 4: Why Dissent Isn't Free: A Commentary on Pildes's "The Legal Academy and the Temptations of Power"; 1. More Than Guns for Hire; 2. Internal Institutional Risks to Dissent.

3. Limits on Dissent in the Marketplace of Ideas5: Why Societies Don't Need Dissent (as Such); Comment on Chapter 5: Questioning the Value of Dissent and Free Speech More Generally: American Skepticism of Government and the Protectionof Low-Value Speech; I. Dissent
Indeed Most Speech
Lacks Much Objective Social Value; II. Pervasive Fear Rather Than Intrinsic Value Undergirds the Protection of Expressive Freedom in the United States; III. The Wider World Does Not Share the Pervasive U.S. Concern with Abusive Use of Government Power and Reposes Greater Trust in the State.