| Description |
1 online resource (pages cm.) |
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text file |
| Series |
Rhetoric and public affairs series
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Book collections on Project MUSE.
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| Bibliography |
Includes bibliographical references and index. |
| Contents |
Intro; Contents; Acknowledgments; Introduction; 1. Collaborative Rhetorical Inventionin Supreme Court Opinions; 2. Amicus Briefs as Argumentative Scene in Bakke; 3. The Intrachambers Inventional Process and the Pragmatic Roots of Diversity; 4. Prudential Supreme Court Opinion Writing; 5. The Rhetorical Supreme Court and the Legacy of Diversity; Notes; Index |
| Summary |
"Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action's best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell's pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues' differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity." -- Publisher's website. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
United States. Supreme Court.
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United States. Supreme Court. |
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Judicial process -- United States.
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Judicial process. |
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United States. |
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Judicial opinions -- United States.
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Judicial opinions. |
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Rhetoric -- United States.
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Rhetoric. |
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Law -- United States -- Language.
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Law. |
| Genre/Form |
Electronic books.
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| Subject |
Law. |
| Added Author |
Project Muse.
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| Other Form: |
Print version: 9781611862843 1611862841 9781628953312 1628953314 9781628963311 162896331X (DLC) 2017025951 (OCoLC)988900596 |
| ISBN |
9781609175641 (electronic book) |
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1609175646 (electronic book) |
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9781628953312 (electronic book) |
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1628953314 (electronic book) |
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9781611862843 paperback alkaline paper |
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9781628963311 kindle |
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1611862841 |
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162896331X kindle |
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