The Importance of Dissent
Not long ago, there was a widely televised meeting of all President Trump's cabinet ministers and the highest-ranking staff of the White House. One by one they each heaped lavish praise and adulation on him as if he were some sort of "Supreme Leader." Some went so far as to express profound gratitude for the "blessings" associated with serving him. While an attitude of sheepish subservience might be expected in dictatorial regimes such as North Korea, it was disturbing at best to watch it on display within the upper echelons of the leadership in this country. Perhaps most troublesome is the total lack of regard for the importance of dissent.
September 22, 2017 at 02:22 PM
3 minute read
Not long ago, there was a widely televised meeting of all of President Trump's cabinet ministers and the highest-ranking staff of the White House. One by one they each heaped lavish praise and adulations on him as if he were some sort of “Supreme Leader.” Some went so far as to express profound gratitude for the “blessings” associated with serving him. While an attitude of sheepish subservience might be expected in dictatorial regimes such as North Korea, it was disturbing at best to watch it on display within the upper echelons of the leadership in this country. Perhaps most troublesome is the total lack of regard for the importance of dissent.
Legal professionals, lawyers, judges and others within our legal system understand and appreciate the importance and value of dissent. Within our Appellate Courts, we do not stifle anyone's ability to disagree with a majority or plurality opinion. Although a dissenting opinion does not establish binding precedent, such an opinion often serves to clarify the contours of the majority's holding. Sometimes a dissenting opinion may even form the basis in a subsequent case for a court to revisit and modify or even reverse a prior opinion. Other examples of the value of dissent within our legal system include statutory protection of “dissenter's rights” whereby dissenting shareholders may refuse to remain part of a company's merger or acquisition.
Outside of the legal system, it is widely recognized that successful business executives appreciate and understand the benefits associated with the input and opinions of business department managers and others who are responsible to report within the chain of management. Thus, such managers are often expected to “think outside the box” and provide both creative and critical opinions regarding a product or project. But within the current executive administration of our government, none of this type of tolerance for dissent is at all evident.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThe Stormy Daniels 'Hush Money' Trial: Donald Trump Should Be Very Worried
7 minute readShining a Light on Opposing Hate: The Palestinian Protesters Who Defended New Haven's Menorah
6 minute readTrending Stories
- 1Uber Files RICO Suit Against Plaintiff-Side Firms Alleging Fraudulent Injury Claims
- 2The Law Firm Disrupted: Scrutinizing the Elephant More Than the Mouse
- 3Inherent Diminished Value Damages Unavailable to 3rd-Party Claimants, Court Says
- 4Pa. Defense Firm Sued by Client Over Ex-Eagles Player's $43.5M Med Mal Win
- 5Losses Mount at Morris Manning, but Departing Ex-Chair Stays Bullish About His Old Firm's Future
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250