Dissenting by Deciding

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"Dissenting by Deciding" is a prominent legal scholarship work by Heather K. Gerken that explores how minority groups can exercise dissenting power through control of decision-making institutions rather than through traditional forms of protest or objection.

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Dissenting by Deciding canonical 1

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Statements (38)

Predicate Object
instanceOf law review article
arguesThat institutional control can empower political minorities
minorities can express dissent by governing rather than only by protesting
structural arrangements can protect minority viewpoints
associatedWith Heather K. Gerken’s theory of “second-order diversity”
Heather K. Gerken’s work on “federalism all the way down”
author Heather K. Gerken NERFINISHED
contrastsWith formal objections within majority institutions
traditional forms of protest
countryOfOrigin United States of America
surface form: United States
critiques models of dissent focused solely on voice and protest
overreliance on judicial review for minority protection
discusses interaction between majority rule and minority power
role of local governments in expressing minority preferences
ways dissent can be integrated into governance structures
field constitutional law
democratic theory
election law
focusesOn power of minority groups to control decision-making institutions
hasPerspective institutionalist
normative
influencedField scholarship on democratic experimentalism
scholarship on federalism and minority representation
scholarship on institutional pluralism
language English
mainTopic decentralization of power
dissent
federalism
institutional design
localism
minority rights
political participation
voice and exit in politics
notableFor influencing debates about minority empowerment in public law
reframing dissent as control over decision-making rather than mere objection
proposesConcept dissenting by exercising decision-making authority
supportsView institutional design choices shape opportunities for dissent
minority control of local or subnational institutions can serve as a form of dissent

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Full triples — surface form annotated when it differs from this entity's canonical label.

Heather K. Gerken notableWork Dissenting by Deciding