The Rhetoric of Judging Well
The Rhetoric of Judging Well

Author: David A. Frank

Publisher: Penn State Press

Published: 2023-03-12

Total Pages: 319

ISBN-13: 0271096136

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Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

The Rhetoric of Judging Well
The Rhetoric of Judging Well

Author: David A. Frank

Publisher: Penn State Press

Published: 2023-03-12

Total Pages: 295

ISBN-13: 0271096144

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Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots—especially on race, women’s rights, and immigration—but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy’s jurisprudence, this book provides new insight into Kennedy’s legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O’Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

The Rhetoric of Judging Well
The Rhetoric of Judging Well

Author: David A. Frank

Publisher: Penn State University Press

Published: 2023

Total Pages: 0

ISBN-13: 9780271094847

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Known as the "swing justice," Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy's legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy's opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice's rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a justice with contradictions and blind spots--especially on race, women's rights, and immigration--but also as a man of empathy deeply committed to American citizenship. A sophisticated assessment of Justice Kennedy's jurisprudence, this book provides new insight into Kennedy's legacy on the Court and into the role that rhetoric plays in judging and in communicating judgment. In addition to the editors, the contributors to this volume are Ashutosh Bhagwat, Elizabeth C. Britt, Martin Camper, Michael Gagarin, James A. Gardner, Eugene Garver, Leslie Gielow Jacobs, Sean Patrick O'Rourke, Susan E. Provenzano, Clarke Rountree, Leticia M. Saucedo, Darien Shanske, Kathryn Stanchi, and Rebecca E. Zietlow.

Making Your Case
Making Your Case

Author: Antonin Scalia

Publisher: West Publishing Company

Published: 2008

Total Pages: 0

ISBN-13: 9780314184719

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In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Championing a Public Good
Championing a Public Good

Author: Carolyn D. Commer

Publisher: Penn State Press

Published: 2024-05-28

Total Pages: 173

ISBN-13: 0271099852

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From decreased funding to censorship controversies and rising student debt, the public perception of the value of higher education has become decidedly more negative. This crisis requires advocacy and action by policymakers, educators, and the public. Championing a Public Good presents a clear set of strategies and tools for advocates making the case for renewing our civic commitment to public higher education. Taking a fresh look at one of the most controversial moments in the history of US higher education, the work of the Spellings Commission (2005–2008), Carolyn D. Commer argues that this body’s public criticisms of higher education and its recommendation to increase accountability and oversight—via market-based metrics—accelerated the erosion of the concept of higher education as a public good. Countering that requires a careful, forceful approach on the part of advocates. Commer draws from the public record to demonstrate a common set of arguments, metaphors, and rhetorical frames that can, in fact, flip the public debate over higher education to champion the public value of universities and colleges over their value as market commodities. Championing a Public Good is a powerful primer on how to change the course of public higher education in the United States. It will appeal especially to faculty, administrators, and policymakers in higher education.

The Art Of Rhetoric
The Art Of Rhetoric

Author: Aristotle

Publisher: HarperCollins

Published: 2014-09-02

Total Pages: 228

ISBN-13: 1443440817

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In The Art of Rhetoric, Aristotle demonstrates the purpose of rhetoric—the ability to convince people using your skill as a speaker rather than the validity or logic of your arguments—and outlines its many forms and techniques. Defining important philosophical terms like ethos, pathos, and logos, Aristotle establishes the earliest foundations of modern understanding of rhetoric, while providing insight into its historic role in ancient Greek culture. Aristotle’s work, which dates from the fourth century B.C., was written while the author lived in Athens, remains one of the most influential pillars of philosophy and has been studied for centuries by orators, public figures, and politicians alike. HarperTorch brings great works of non-fiction and the dramatic arts to life in digital format, upholding the highest standards in ebook production and celebrating reading in all its forms. Look for more titles in the HarperTorch collection to build your digital library.

How Judges Think
How Judges Think

Author: Richard A. Posner

Publisher: Harvard University Press

Published: 2010-05-01

Total Pages: 399

ISBN-13: 0674033833

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A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Struggle for the City
Struggle for the City

Author: Derek G. Handley

Publisher: Penn State Press

Published: 2024-09-02

Total Pages: 223

ISBN-13: 0271098503

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The urban renewal policies stemming from the 1954 Housing Act and 1956 Highway Act destroyed the economic centers of many Black neighborhoods in the United States. Struggle for the City recovers the agency and solidarity of African American residents confronting this diagnosis of “blight” in northern cities in the 1950s and 1960s. Examining Black newspapers, archival documents from Black organizations, and oral histories of community advocates, Derek G. Handley shows how African American residents in three communities—the Hill district of Pittsburgh, the Bronzeville neighborhood of Milwaukee, and the Rondo district of St. Paul—enacted a new form of citizenship to fight for their neighborhoods. Dubbing this the “Black Rhetorical Citizenship,” a nod to the integral role of language and other symbolic means in the Black Freedom Movement, Handley situates citizenship as both a site of resistance and a mode of public engagement that cannot be divorced from race and the effects of racism. Through this framework, Struggle for the City demonstrates how local organizers, leaders, and residents used rhetorics of placemaking, community organizing, and critical memory to resist the bulldozing visions of urban renewal. By showing how African American residents built political community at the local level and by centering the residents in their own narratives of displacement, Handley recovers strategies of resistance that continue to influence the actions of the Black Freedom Movement, including Black Lives Matter.

The Problematic Public
The Problematic Public

Author: Kristian Bjørkdahl

Publisher: Penn State Press

Published: 2023-12-05

Total Pages: 305

ISBN-13: 0271097043

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Almost one hundred years have passed since Walter Lippmann and John Dewey published their famous reflections on the “problems of the public,” but their thoughts remain surprisingly relevant as resources for thinking through our current crisis-plagued predicament. This book takes stock of the reception history of Lippmann’s and Dewey’s ideas about publics, communication, and political decision-making and shows how their ideas can inspire a way forward. Lippmann and Dewey were only two of many twentieth-century thinkers trying to imagine how a modern industrial democracy might (or might not) come to pass, but despite that, the “Lippmann/Dewey debate” became a symbol of the two alleged options: an epistocracy, on the one hand, and grassroots participation, on the other. In this book, distinguished scholars from rhetoric, communication, sociology, and media and journalism studies reconsider this debate in order to assess its contemporary relevance for our time, which, in some respects, bears a striking resemblance to the 1920s. In this way, the book explains how and why Lippmann and Dewey are indispensable resources for anyone concerned with the future of democratic deliberation and decision-making. In addition to the editor, the contributors to this volume include Nathan Crick, Robert Danisch, Steve Fuller, William Keith, Bruno Latour, John Durham Peters, Patricia Roberts-Miller, Michael Schudson, Anna Shechtman, Slavko Splichal, Lisa S. Villadsen, and Scott Welsh.

Remembering the War, Forgetting the Terror
Remembering the War, Forgetting the Terror

Author: Ekaterina V. Haskins

Publisher: Penn State Press

Published: 2024-04-04

Total Pages: 169

ISBN-13: 0271098481

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Russian state propaganda has framed the invasion of Ukraine as a liberation mission by invoking the Soviet-era myth of the Great Patriotic War (1941–45), in which the Soviet people, led by Russia, saved the world from the greatest evil of the twentieth century. At the same time, the Russian government has banned civil society institutions and initiatives that remind the country of the legacy of Soviet political violence. Remembering the War, Forgetting the Terror explores the appeal of the cult of the Great Patriotic War and the waning public interest in Soviet political terror as intertwined trends. Ekaterina V. Haskins argues that these developments are driven not only by the weaponization of the official memory of World War II but also by familial pieties and deep-seated habits of memory. Haskins uncovers how widely shared practices of remembrance have taken root and flourished through recurring exposure to war films, urban environments, popular commemorative rituals, and digital archives. Combining scholarship and personal biography, Haskins illuminates why, despite the staggering toll of World War II and internal political violence on Soviet families, most Russian citizens continue to proudly embrace their family’s participation in the war effort and avoid discussion of domestic political persecution. Elegantly written and convincingly argued, this book is an important intervention into contemporary rhetoric and memory studies that will also appeal to broader audiences interested in Russia, Eastern Europe, and the war in Ukraine.