9781609175641 (electronic book) 1609175646 (electronic book) 9781611862843 paperback alkaline paper 9781628953312 1628953314 9781628963311 kindle 1611862841 162896331X kindle
Rhetoric and public affairs series.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Collaborative rhetorical invention in Supreme Court opinions Amicus briefs as argumentative scene in Bakke The intrachambers inventional process and the pragmatic roots of diversity Prudential Supreme Court opinion writing - Conclusion: The rhetorical Supreme Court and the legacy of diversity.