Berkeley CSUA MOTD:Entry 38738
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2024/11/23 [General] UID:1000 Activity:popular
11/23   

2005/7/20 [Politics/Domestic/Crime] UID:38738 Activity:nil
6/19    What is so special or significant about being part of the dissent
\_ Why do people not know that July=7
        (wrt the USSC's ruling)? What is wrong with having an opinion
        that isn't shared by the majority of other justices?
        \- i am sort of at a loss how to address the above, but
           1. there are some famous "i told you so" dissents.
              one of OHOLMES nicknames was "The Great Dissenter",
              see e.g. Dissent in Lochner.
              Wouldnt you have been wanted to be known as the single
              dissenter in Plessey v. Fergueson, one of the cases
              contending for the "worst sup ct decision in history"
              title? [that was HARLAN].
              \_ I would have preferred to have been a dissenter
                 in Dred Scott, but Plessey would be a close 2d.
           2. there are fome extremely fractured decisions where there
              isnt really a single maj opinion ... those as you might
              imagine are hard to interpret. the bakke case is one of the
              std such examples:
                POWELL, J., announced the Court's judgment and filed
                an opinion expressing his views of the case, in Parts
                I, III-A, and V-C of which WHITE, J., joined; and in
                Parts I and V-C of which BRENNAN, MARSHALL, and
                BLACKMUN, JJ., joined. BRENNAN, WHITE, MARSHALL, and
                BLACKMUN, [438 U.S. 265, 268] JJ., filed an opinion
                concurring in the judgment in part and dissenting in
                part, post, p. 324. WHITE, J., post, p. 379, MARSHALL,
                J., post, p. 387, and BLACKMUN, J., post, p. 402,
                filed separate opinions. STEVENS, J., filed an opinion
                concurring in the judgment in part and dissenting in
                part, in which BURGER, C. J., and STEWART and
                REHNQUIST, JJ., joined, post, p. 408.
                \- bakke had 6 opinios i believe. it;s sort of funny that
                   current liberal bastion STEVENS wrote the relatively
                   hostile to affirmative action "dissent" ... STEVENS ends
                   up on the pro aff action side of both recent UMICH AA
                   cases [concurring with OCONNOR maj opin to uphold the
                   law school system and dissenting with RHQ decision to
                   strike down the UG AA system].
                \_ Another good example is Powell v Texas which
                   established that a voluntary act was required
                   under the constitution for criminal punishment
                   but tha a mens rea (criminal intent) was not.
2024/11/23 [General] UID:1000 Activity:popular
11/23   

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