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"Certainty and unanimity in the law are possible only under a fascist or communist system, where, indeed, they are indispensable. ... I do not know of any salvation for society except through eccentrics, misfits, dissenters, people who protest." ~ Justice William O. Douglas. This course will focus on Supreme Court dissents that have moved American jurisprudence. We will meet a number of the dissenters, reading their dissents in the context of the cases of which those dissents are a part. Among the 115 justices who have served the Court since 1789, we will look closely at just a few, including John Marshall Harlan, Louis Brandeis, Hugo Black, William O. Douglas, Antonin Scalia, and Ruth Bader Ginsberg.
Class Sections For The Supreme Court: Great Dissents and Dissenters (OSHER 372)
Fall 2021 Section 1, Starting on: 09/20/2021
Class meets on ZOOM. A link will be emailed a few days before class begins. Recommended reading: Prophets With Honor, Alan Barth 0-394-71571-3. Dissent and the Supreme Court, Melvin Urofsky 978-0-307-74132-5.