@MDAppeal Thanks, although I'm not sure that counts. I'm pretty skeptical about "great dissent" arguments, though.
As I say in the article, Field's Slaughter House dissent. Just for one.Read the book! It's great!https://twitter.com/OrinKerr/status/739444338434904064 …
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I suggest you read the book. It's pure pleasure,
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It sounds like it would be very frustrating for me. For example, the Court never adopted Brandeis's Olmstead dissent.
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And Korematsu remains good law.
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Or, I should say, Korematsu has never been formally overturned, even though citing it would be foolish.
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I'm making a pretty different point. AFAIK, *no one* today defends the quoted passage of Brandeis's argument.
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I don't know that we "defend" it but we do blockquote and invoke it at p.25 of the PLM http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2717007 …
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I will concede that it is "invoked" in an academic article that argues for a radical change in law. :)
End of conversation
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Frankfurter was popular in law schools at time. Hard to predict long-term love for Scalia dissents.
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asked by a liberal prof for nominations for heroes of the 1st A I suggested Boy Scouts. He preferred Commies
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