The Rhetoric Of Judging Well

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The Rhetoric of Judging Well

Author : David A. Frank
Publisher : Penn State Press
ISBN 13 : 0271096136
Total Pages : 320 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis The Rhetoric of Judging Well by : David A. Frank

Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State Press. This book was released on 2023-03-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : David A. Frank
Publisher : Penn State University Press
ISBN 13 : 9780271094847
Total Pages : 0 pages
Book Rating : 4.0/5 (948 download)

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Book Synopsis The Rhetoric of Judging Well by : David A. Frank

Download or read book The Rhetoric of Judging Well written by David A. Frank and published by Penn State University Press. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

How Judges Think

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Art of Rhetoric

Author : Aristotle
Publisher : Arcturus Publishing
ISBN 13 : 1398805815
Total Pages : 293 pages
Book Rating : 4.3/5 (988 download)

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Book Synopsis The Art of Rhetoric by : Aristotle

Download or read book The Art of Rhetoric written by Aristotle and published by Arcturus Publishing. This book was released on 2020-10-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Moral character, so to say, constitutes the most effective means of proof.' In ancient Greece, rhetoric was at the centre of public life. Many writers attempted to provide manuals to help improve debating skills, but it was not until Aristotle produced The Art of Rhetoric in the 4th century bc that the subject had a true masterpiece. As he considered the role of emotion, reason, and morality in speech, Aristotle created essential guidelines for argument and prose style that would influence writers for more than two millennia. Brilliantly explained and carefully reasoned, The Art of Rhetoric remains as relevant today as it was in the assemblies of ancient Athens.

Judging Merit

Author : Warren Thorngate
Publisher : Psychology Press
ISBN 13 : 1136872566
Total Pages : 198 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Judging Merit by : Warren Thorngate

Download or read book Judging Merit written by Warren Thorngate and published by Psychology Press. This book was released on 2010-10-18 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction -- 2. Merit and bias -- 3. Lessons from clinical research -- 4. Standards and double standards -- 5. Rules of the game -- 6. Organizing adjudication committees -- 7. Committee deliberations -- 8. Competitions small and large -- 9. The evolution and future of competitions.

Judging the Supreme Court

Author : Clarke Rountree
Publisher : Rhetoric & Public Affairs
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Judging the Supreme Court by : Clarke Rountree

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.

Championing a Public Good

Author : Carolyn D. Commer
Publisher : Penn State Press
ISBN 13 : 0271099852
Total Pages : 173 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Championing a Public Good by : Carolyn D. Commer

Download or read book Championing a Public Good written by Carolyn D. Commer and published by Penn State Press. This book was released on 2024-05-28 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Making Your Case

Author : Antonin Scalia
Publisher : West Publishing Company
ISBN 13 : 9780314184719
Total Pages : 0 pages
Book Rating : 4.1/5 (847 download)

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Book Synopsis Making Your Case by : Antonin Scalia

Download or read book Making Your Case written by Antonin Scalia and published by West Publishing Company. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Struggle for the City

Author : Derek G. Handley
Publisher : Penn State Press
ISBN 13 : 0271098503
Total Pages : 223 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Struggle for the City by : Derek G. Handley

Download or read book Struggle for the City written by Derek G. Handley and published by Penn State Press. This book was released on 2024-09-02 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Kristian Bjørkdahl
Publisher : Penn State Press
ISBN 13 : 0271097043
Total Pages : 305 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis The Problematic Public by : Kristian Bjørkdahl

Download or read book The Problematic Public written by Kristian Bjørkdahl and published by Penn State Press. This book was released on 2023-12-05 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Ekaterina V. Haskins
Publisher : Penn State Press
ISBN 13 : 0271098481
Total Pages : 169 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Remembering the War, Forgetting the Terror by : Ekaterina V. Haskins

Download or read book Remembering the War, Forgetting the Terror written by Ekaterina V. Haskins and published by Penn State Press. This book was released on 2024-04-04 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judging in Good Faith

Author : Steven J. Burton
Publisher : Cambridge University Press
ISBN 13 : 9780521477406
Total Pages : 296 pages
Book Rating : 4.4/5 (774 download)

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Book Synopsis Judging in Good Faith by : Steven J. Burton

Download or read book Judging in Good Faith written by Steven J. Burton and published by Cambridge University Press. This book was released on 1994-11-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.

Judging Mohammed

Author : Susan J. Terrio
Publisher : Stanford University Press
ISBN 13 : 0804771030
Total Pages : 535 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Judging Mohammed by : Susan J. Terrio

Download or read book Judging Mohammed written by Susan J. Terrio and published by Stanford University Press. This book was released on 2009-02-18 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 2005, three weeks of rioting erupted in France following the accidental deaths of two French boys of North African ancestry. Killed while fleeing the police, these boys were deemed dangerous based largely on their immigrant origins. In France, disadvantaged children of immigrant and foreign ancestry represent the vast majority of formal suspects and have increasingly been portrayed as a threat to public safety and as the embodiment of the assault on French values. Despite official rhetoric of protection, Judging Mohammed reveals how the treatment of these children in the juvenile courts system undermines legal guarantees of equality and due process and reinforces existing hierarchies. Based on five years of extensive research in the largest and most influential juvenile court in France, this work follows young people inside the system, from arrest to court trials. Revealing an alarming turn toward accountability, restitution, and retribution, this groundbreaking study uncovers the disquieting reasons behind France's shifting approaches to the identification, treatment, and representation of its delinquent youth.

The Truthful and the Good

Author : J.J. Drummond
Publisher : Springer Science & Business Media
ISBN 13 : 9400917244
Total Pages : 222 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis The Truthful and the Good by : J.J. Drummond

Download or read book The Truthful and the Good written by J.J. Drummond and published by Springer Science & Business Media. This book was released on 2013-12-11 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: lbis volume was occasioned by the desire of its contributors to honor Robert Sokolowski on his sixtieth birthday. The desire first took fonn on the streets of an American metropolis when several of us, while attending a philosophy conference, were bemoaning the lack of passion for doing philosophy as we all conceived it. In this expression of our discontent we all had a common exemplar in mind, someone for whom the passion for "the truthful" and "the good" is embodied in every sentence of his rich writings. Felicitously this very thinker was someone whom we an regard as manifesting in his person and life these same properties which his writings exhibit and pursue as luminous ideals. As a result, John Brough, John Drummond, and I came up with the idea that we hold our own conference and do philosophy as we envisage it and at the same time honor its foremost exemplary practitioner whose sixtieth birthday was the following year. Immediately the idea took wings among the handful ofus and the dreariness of that philosophy congress receded. The first task of thinking of possible speakers was easy. The issue of the venue for our symposium, what I like to call the "Sokofest," had to be decided, as well as the details of its realization.

You Talkin' To Me?

Author : Sam Leith
Publisher : Profile Books
ISBN 13 : 1847654258
Total Pages : 304 pages
Book Rating : 4.8/5 (476 download)

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Book Synopsis You Talkin' To Me? by : Sam Leith

Download or read book You Talkin' To Me? written by Sam Leith and published by Profile Books. This book was released on 2011-10-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rhetoric gives our words the power to inspire. But it's not just for politicians: it's all around us, whether you're buttering up a key client or persuading your children to eat their greens. You have been using rhetoric yourself, all your life. After all, you know what a rhetorical question is, don't you? In this updated edition of his classic guide, Sam Leith traces the art of argument from ancient Greece down to its many modern mutations. He introduces verbal villains from Hitler to Donald Trump - and the three musketeers: ethos, pathos and logos. He explains how rhetoric works in speeches from Cicero to Richard Nixon, and pays tribute to the rhetorical brilliance of AC/DC's "Back In Black". Before you know it, you'll be confident in chiasmus and proud of your panegyrics - because rhetoric is useful, relevant and absolutely nothing to be afraid of.

Statutes in Court

Author : William D. Popkin
Publisher : Duke University Press
ISBN 13 : 9780822323280
Total Pages : 368 pages
Book Rating : 4.3/5 (232 download)

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Book Synopsis Statutes in Court by : William D. Popkin

Download or read book Statutes in Court written by William D. Popkin and published by Duke University Press. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the discretion accorded U.S. judges in interpreting legislation (from the Revolution to the present), culminating in the author's own theory of the proper scope of judicial discretion.

Judging Addicts

Author : Rebecca Tiger
Publisher : NYU Press
ISBN 13 : 0814785964
Total Pages : 210 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Judging Addicts by : Rebecca Tiger

Download or read book Judging Addicts written by Rebecca Tiger and published by NYU Press. This book was released on 2012-12-03 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.