Digital Commons Network^™

Prisoner Of Context: The Truman Doctrine Speech And J. Edgar Hoover’S Rhetorical Realism, Stephen Underhill

Stephen M. Underhill

In this project, I argue that J. Edgar Hoover’s style of political realism should be studied by critics because it long preceded that of President Harry S. Truman. Thestyle belonged to a stockpile of anti-Communist imagery that helped to shape how the Truman Doctrine speech was drafted and how audiences interpreted its meanings in more local domestic politics. When Truman fınally announced that the Soviet Union had challenged international protocol, I argue that he confırmed the vision that his Federal Bureau of Investigation (FBI) director and other detractors had developed throughout the New Deal to discredit reformers who challenged issues …

Of Gangs And Gaggles: Can A Corporation Be Part Of An Association-In-Fact Rico Enterprise? Linguistic, Historical, And Rhetorical Perspectives, Randy D. Gordon

Randy D. Gordon

Over 30 years ago, courts of appeals began to hold that the RICO statute’s definition of association-in-fact enterprise is broad enough to include corporations as constituent members, even though that definition states that such an association is limited to a “group of individuals.” This Article demonstrates why these cases were wrongly decided from a variety of perspectives: linguistic, systemic and consequentialist. It also suggests a strategy for correcting this widespread interpretive error and provides evidence that the Supreme Court may be disposed to agree that the lower courts have uniformly erred.

Rsa Performance And The Rhetorical Tradition Workshop Bibliography, Jenn Fishman

Jenn Fishman

This bibliography was compiled by participants in the 2009 RSA Institute Workshop on performance and the rhetorical tradition. Instead of trying to determine a canon for this emerging subfield, the group identified texts that inform their individual research, scholarship, and teaching. As a result, this list below includes a broad and interdisciplinary range of publications and performances. These works offer a multitude of starting places for further inquiry and invention.

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii

Cecil J. Hunt II

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …

Speech And Strife, Robert L. Tsai

Robert L Tsai

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …

Democracy's Handmaid, Robert L. Tsai

Robert L Tsai

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Tawia B. Ansah

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

Speech And Strife, Robert Tsai

Robert L. Tsai

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …

Democracy's Handmaid, Robert Tsai

Robert L. Tsai

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …

Proximity And Journalistic Practice In Environmental Discourse: Experiencing “Job Blackmail” In The News, Barbara Johnstone, Justin Mando

Barbara Johnstone

Galdós's Segunda Manera: Rhetorical Strategies And Affective Response, Linda M. Willem

Linda M. Willem

This book explores the change that occurred in the writings of Spanish novelist Benito Pérez Galdós when he entered his segunda manera in 1881 with the publication of La desberedada, his first contemporary novel. By studying his novels in light of how their stories are told, Linda Willem shows that La desberedada marks the beginning of a more sophisticated and varied mode of narrative presentation in Galdós's work. Through close readings of his first seven contemporary novels, Willem shows how the affective response associated with various narrative devices plays a role in the rhetorical strategies of each text.

Was Blind But Now I See: Animal Liberation Documentaries’ Deconstruction Of Barriers To Witnessing Injustice, Carrie Packwood Freeman, Scott Tulloch

Carrie P. Freeman

Many pro-animal documentaries are built around footage taken by undercover animal activists uncovering abuses in industries such as agriculture and fishing, fur, marine parks, and biomedical research labs. This analysis explores the central role of undercover activist footage in recent documentaries: Earthlings, The Cove, The Witness, Peaceable Kingdom, Behind the Mask, Fowl Play, and Dealing Dogs. Considering both form and function, I investigate how this undercover footage works in terms of providing an inherent critique of power in our relationship with nonhuman animals – a sense of witnessing a crime that is an injustice both in terms of causing animal …

Metaphor In Law As Poetic And Propositional Language, Linda L. Berger

Linda L. Berger

My argument in this essay is that although lawyers routinely use and abuse metaphor as propositional language, they mostly neglect the use of metaphor as poetic language. Poetic metaphor openly invites you to view a topic or a target from a new angle by setting it against or alongside a light source; in this way, it prompts second looks and encourages insights. Propositional metaphor, by comparison, appears designed to persuade you to view the target or the topic under discussion as something you already know about because of your experience with the source. As a result, you are better able …

Digital Rhetoric: Doing Things With Words Online, Lisa M. Russell

Lisa M Russell

It is through rhetorical principles applied to digital writing that online writers can be heard above the din confronting weary online browsers. The synergy between classical rhetoric and new media practices leads to persuasive and memorable digital writing. Despite the hurried clip and the complex nature of technology, grounding writing in firm rhetorical concepts can produce compelling online content. The purpose of this capstone project is to teach specific audiences how to do things with words online through a series of three modules whose unifying themes include the broad topics of targeting niche audiences, persuasive writing, and using the digital …

Not The M-Word Again: Rhetoric And Silence In Recent Multiculturalism Debates, Wenche Ommundsen

Wenche Ommundsen

No abstract provided.

Zizek/Questions/Failing, Nick J. Sciullo

Nick J. Sciullo

In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.

While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …

Enregistering Style, Barbara Johnstone

Barbara Johnstone

No abstract provided.

The Past, Presence, And Future Of Legal Writing Scholarship: Rhetoric, Voice, And Community, Linda L. Berger

Linda L. Berger

This Article welcomes a new generation of legal writing scholars. In the first generation, legal writing professors debated whether they should be engaged in legal scholarship at all. In the second generation, assuming that they should be engaged in scholarship, legal writing professors discerned and defined different genres of and topics for the scholarship in which some or all of us were or should be engaged. In this Article, we map the contours of a third generation of legal writing scholarship—one that integrates the elements of our professional lives and engages more effectively with our professional communities. The core of …

Some Personal Reflections On Rhetoric And Interdisciplinary, Barbara Johnstone

Barbara Johnstone

No abstract provided.

Rsa Performance And The Rhetorical Tradition Workshop Bibliography, Jenn Fishman

Jenn Fishman

What Is Reading In The Pratice Of Law?, Kirk W. Junker

Kirk W Junker

Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger

Linda L. Berger

No abstract provided.

Rural Rhetoric, Lisa Pruitt

Lisa R Pruitt

This Article investigates law’s constitutive rhetoric about rural people, places, and livelihoods. Specifically, it considers five categories of judicial opinions that discuss the legal relevance of rurality: judicial self-identification as rural; definitions of rural; line-drawing between rural and urban; taking judicial notice of rural characteristics; and idealized portrayals of the rural. Viewed together, these clusters of opinions reveal a comprehensive – if not entirely coherent – judicial portrait of rurality. They also provide an overview of the many instances when a rural setting is relevant to a legal outcome. Implicated are issues of tort, property, criminal, and constitutional law, among …

Embodied Literacies Project, I, Jenn Fishman

Jenn Fishman

Uses Of Southern-Sounding Speech By Contemporary Texas Women, Barbara Johnstone

Barbara Johnstone

No abstract provided.

Linguistic Strategies And Cultural Styles For Persuasive Discourse, Barbara Johnstone

Barbara Johnstone

No abstract provided.