Download or read book Rhetoric and Discourse in Supreme Court Oral Arguments written by Ryan Malphurs and published by Routledge. This book was released on 2013-01-04 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court’s voting pattern, this book offers a contrarian position focused on close scrutiny of the justices’ communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices’ interactions among themselves and the advocates. In addition to offering advancements in scholars’ understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research—the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court’s oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.
Download or read book The Rhetoric of Supreme Court Women written by Nichola D. Gutgold and published by Lexington Books. This book was released on 2012 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1981 to 2010, the advancements of women in the United States can be seen in the words of the four pioneering women on the Supreme Court. The Rhetoric of Supreme Court Women: From Obstacles to Options, by Nichola D. Gutgold, explores how Sandra Day O'Connor and Ruth Bader Ginsburg used effective rhetoric and worked to overcome gender obstacles, while cultural changes in America provided Sonia Sotomayor and Elena Kagan with a wider range of rhetorical options.Gutgold's exploration of these four Supreme Court women provides valuable insight into the use of political communication and the changing gender zeitgeist in American politics.
Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Download or read book Judging the Supreme Court written by Clarke Rountree and published by Rhetoric & Public Affairs. This book was released on 2007 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging the Supreme Court: Constructions of Motives in Bush v. Gore examines how the U.S. Supreme Court, its defenders, and its critics explained what the majority justices were doing in this case. The decision, which was split 5-4 along conservative-liberal ideological lines, was widely criticized for using weak legal arguments to support ending the recounts of presidential ballots in the state of Florida and, thereby, handing the 2000 U.S. Presidential election to Republican Texas Governor George W. Bush.
Download or read book US Supreme Court Opinions and their Audiences written by Ryan C. Black and published by Cambridge University Press. This book was released on 2016-04-06 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of how US Supreme Court justices alter the clarity of their opinions based on expected reactions from their audiences.
Download or read book Closed Chambers written by Edward Lazarus and published by Penguin Group. This book was released on 1999 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author of "Black Hills/White Justice" offers an inside look at the most secretive institution in the American government--the Supreme Court. of photos.
Download or read book Brown V Board of Education at Fifty written by Clarke Rountree and published by Lexington Books. This book was released on 2004 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six American communication studies scholars contribute six chapters to the first analysis of the role that rhetoric played in establishing, defending, challenging, and overturning legalized educational segregation by race. Coverage includes a reconstruction of the rhetorical context of Plessy v. Ferguson; the Harlan dissent in Plessy; the NAACP's efforts over 40-plus years to reverse Plessy's support of educational segregation; an analysis of the Brown decision, with particular focus on the controversial use of social scientific evidence; the reaction to the Brown decision in the South; and a comparison of two major Supreme Court decisions implementing Brown. Annotation ̧2004 Book News, Inc., Portland, OR (booknews.com) -- Distributed by Syndetics Solutions, LLC.
Download or read book The Solicitor General and the United States Supreme Court written by Ryan C. Black and published by Cambridge University Press. This book was released on 2012-04-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process.
Download or read book Ruth Bader Ginsburg s Legacy of Dissent written by Katie L. Gibson and published by University of Alabama Press. This book was released on 2018-03-20 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rhetorical analysis of Justice Ruth Bader Ginsburg's feminist jurisprudence
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Download or read book Presidential Rhetoric and the Public Agenda written by Andrew B. Whitford and published by JHU Press. This book was released on 2009-11 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bully pulpit is one of the modern president's most powerful tools—and one of the most elusive to measure. Presidential Rhetoric and the Public Agenda uses the war on drugs as a case study to explore whether and how a president's public statements affect the formation and carrying out of policy in the United States. When in June 1971 President Richard M. Nixon initiated the modern war on drugs, he did so with rhetorical flourish and force, setting in motion a federal policy that has been largely followed for more than three decades. Using qualitative and quantitative measurements, Andrew B. Whitford and Jeff Yates examine presidential proclamations about battling illicit drug use and their effect on the enforcement of anti-drug laws at the national, state, and local level. They analyze specific pronouncements and the social and political contexts in which they are made; examine the relationship between presidential leadership in the war on drugs and the policy agenda of the Drug Enforcement Administration and the U.S. Attorneys; and assess how closely a president's drug policy is implemented in local jurisdictions. In evaluating the data, this sophisticated study of presidential leadership shows clearly that with careful consideration of issues and pronouncements a president can effectively harness the bully pulpit to drive policy.
Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Download or read book Scalia V Scalia written by Catherine L. Langford and published by University of Alabama Press. This book was released on 2018-01-09 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the discrepancy between the ways Supreme Court Justice Antonin Scalia argued the Constitution should be interpreted versus how he actually interpreted the law Antonin Scalia is considered one of the most controversial justices to have been on the United States Supreme Court. A vocal advocate of textualist interpretation, Justice Scalia argued that the Constitution means only what it says and that interpretations of the document should be confined strictly to the directives supplied therein. This narrow form of constitutional interpretation, which limits constitutional meaning to the written text of the Constitution, is known as textualism. Scalia v. Scalia:Opportunistic Textualism in Constitutional Interpretation examines Scalia’s discussions of textualism in his speeches, extrajudicial writings, and judicial opinions. Throughout his writings, Scalia argues textualism is the only acceptable form of constitutional interpretation. Yet Scalia does not clearly define his textualism, nor does he always rely upon textualism to the exclusion of other interpretive means. Scalia is seen as the standard bearer for textualism. But when textualism fails to support his ideological aims (as in cases that pertain to states’ rights or separation of powers), Scalia reverts to other forms of argumentation. Langford analyzes Scalia’s opinions in a clear area of law, the cruel and unusual punishment clause; a contested area of law, the free exercise and establishment cases; and a silent area of law, abortion. Through her analysis, Langford shows that Scalia uses rhetorical strategies beyond those of a textualist approach, concluding that Scalia is an opportunistic textualist and that textualism is as rhetorical as any other form of judicial interpretation.
Download or read book American Rhetoric in the New Deal Era 1932 1945 written by Thomas W. Benson and published by MSU Press. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "New Deal era" is hard to define with precision - in time or in ideology. This book contains essays that focus on the prewar period, with glimpses forward to the rhetoric of the approach to and engagement in World War II.
Download or read book From Jim Crow to Civil Rights written by Michael J. Klarman and published by Oxford University Press. This book was released on 2004-02-05 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: A monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations. In a highly provocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought race issues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisions do, in fact, matter.
Download or read book Law s Stories written by Peter Brooks and published by Yale University Press. This book was released on 1996-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.
Download or read book Free Speech On Trial written by Richard A. Parker and published by University of Alabama Press. This book was released on 2003-07-21 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them. At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices. Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures. Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.
