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Full-Text Articles in Law
F09rs Sgb No. 21 (Order Of Addressing Committees), Gammon, Caffarel
F09rs Sgb No. 21 (Order Of Addressing Committees), Gammon, Caffarel
Student Senate Enrolled Legislation
No abstract provided.
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Tonja Jacobi, Vanessa Baird
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Tonja Jacobi, Vanessa Baird
Tonja Jacobi
This Article proposes that dissenting Supreme Court Justices provide cues in their written opinions about how future litigants can reframe case facts and legal arguments in similar future cases to garner majority support. Questions of federal-state power cut across most other substantive legal issues, and this can provide a mechanism of splitting existing majorities in future cases. Dissenting Justices can ‘signal’ to future litigants when this potential exists, to transform a dissent into a majority in similar future cases.
We undertake an empirical investigation of dissenting opinions where the dissenting Justice suggests that future cases ought to be framed in …