Chapter 12 - Nontraditional Writing Techniques

12.2

Citing Dissenting Authority

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  • Picture of Supreme Court Justice William O. Douglas, known as The Great Dissenter

    INTRODUCTION

    Be very, very careful with dissenting authority. It can be great to read. Indeed, some of the most powerful legal opinions in our history have been in the form of dissents. But if you rely on dissenting authority, it is most likely out of weakness. Not really recommended.

    Screen shot of a dissenting opinion