Journal ArticleDOI
United States v. Virginia: A Rhetorical Battle between Progress and Preservation
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In this paper, the authors examine the rhetoric of the Court's opinions in United States v. Virginia and demonstrate that different methods of Constitutional interpretation allow for different stories of women to be told.Abstract:
This paper examines the rhetoric of the Court's opinions in United States v. Virginia. The majority opinion is shaped by a framework of progress that acts as a conservative warrant for a politically liberal conceptualization of women. A competing framework of preservation shapes the dissent and reasserts the legitimacy of the traditional sameness/difference approach to gender equality. This analysis demonstrates that different methods of Constitutional interpretation allow for different stories of women to be told.read more
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Positioned in/by the State: Incorporation, Exclusion, and Appropriation of Women's Gender-Based Claims to Political Asylum in the United States
TL;DR: In this article, the authors examine how non-US citizen women and their experiences are deployed toward objectives of the US state, and analyze the rhetorical significance of two precedent-setting gender-based asylum cases, those of Fauziya Kassindja and Rody Alvarado.
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Excavating Gender in Women's Early Claims to Political Asylum in the United States
TL;DR: The authors examined how gender is figured as a discourse of U.S. political asylum through women's early gendered claims to political asylum and found that sexual difference is used as an organizing schema for sexual violence, political access comes through assumed relationships to men with power, and women's subjectivities are figured as personal and private by court officials.
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Appealing to the Brooding Spirit of the Law: Good and Evil in Landmark Judicial Dissents
TL;DR: An examination of Harlan's Plessy v. Ferguson (1896), Holmes's Lochner v. New York (1905), Brandeis's Olmstead v. United States (1928), Murphy's Korematsu v. USA (1944), and Blackmun's Bo...
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Rhetoric, Rationality, and Judicial Activism: The Case of Hillary Goodridge v. Department of Public Health
Dave Tell,Eric Carl Miller +1 more
TL;DR: The authors examined the relationship between rhetoric and judicial activism and concluded that the legitimacy of judicial activism is a function of particular rhetorical forms (legal analysis, the discourse of science, and public consensus).
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The Past Must Not Be the Present: Legislative Supremacy and Judicial Duty in the Insular Cases
TL;DR: In the aftermath of the Spanish-American War and the subsequent Treaty of Paris (1898), the United States acquired the territories on Guam, the Philippines and Puerto Rico.
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Book
The academic revolution
Christopher Jencks,David Riesman +1 more
TL;DR: The Academic Revolution describes the rise to power of professional scholars and scientists, first in America's leading universities and now in the larger society as well as discussed by the authors, and it outlines a theory about its development and present status.
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The Academic Revolution.
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Law as Rhetoric, Rhetoric as Law: The Arts of Cultural and Communal Life
TL;DR: The authors argued that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained and transformed.