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Losing Twice – Harms of Indifference in the Supreme Court - Oxford Scholarship Online
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Losing Twice: Harms of Indifference in the Supreme Court

Emily M. Calhoun


Constitutional “losers” represent a thorny and longstanding problem in American constitutional law. Given the adversarial system in the United States, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. This book draws upon conflict resolution theory, political theory, and Habermasian discourse the ... More

Keywords: American constitutional law, affirmative action, gay rights, conflict resolution theory, political theory, Habermasian discourse theory, judges

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780195399745
Published to Oxford Scholarship Online: May 2011 DOI:10.1093/acprof:oso/9780195399745.001.0001


Affiliations are at time of print publication.

Emily M. Calhoun, author
University of Colorado Law School
Author Webpage