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Full-Text Articles in Law

Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura Ray Dec 2011

Doctrinal Conversation: Justice Kagan's Supreme Court Opinions, Laura Ray

Laura K. Ray

In her first two terms on the Supreme Court, Justice Elena Kagan has crafted a distinctive judicial voice that speaks to her readers in a remarkably conversational tone. She employs a variety of rhetorical devices: invocations to “remember” or “pretend”; informal and even colloquial diction; a diverse assortment of similes and metaphors; and parenthetical interjections that guide the reader’s response. These strategies engage the reader in much the same way that Kagan as law professor may well have worked to engage her students, and in the context of judicial opinions they serve several purposes. They make Kagan’s opinions accessible to …


Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Ray Dec 2011

Circumstance And Strategy: Jointly Authored Supreme Court Opinions, Laura Ray

Laura K. Ray

The standard form of authorship for a Supreme Court opinion is a single author who then may be joined by any colleagues who are in agreement. There is, however, a significant and overlooked variant of this form, one used in a small cluster of major cases, most of them landmark decisions, over the past seventy years: the jointly authored opinion. In these cases, there may be as many as nine authors signing an opinion (as in Cooper v. Aaron) or as few as two (as in McConnell v. FEC). All the signatories may be credited with the entire opinion (as …


From The Bench To The Screen: The Woman Judge In Film, Laura Ray Dec 2011

From The Bench To The Screen: The Woman Judge In Film, Laura Ray

Laura K. Ray

Although there has been a dramatic increase in the number of women judges over the past half century, their cinematic counterparts have failed to reflect that change. This Article explores the paradoxical relationship between social reality and its representation on screen to identify a lingering resistance to the idea of women exercising judicial power. The Article first examines the sparse history of women judges as central characters in films of the 1930s, finding the tension in those films between judicial authority and domestic happiness. It then turns to Hollywood’s romantic comedies of the 1940s, which resolved that tension through the …


From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray May 2010

From Clerk To Justice: Lessons Drawn From Justice Stevens' Year With Wiley Rutledge, Laura Ray

Laura K. Ray

No abstract provided.


The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray Dec 2009

The Legacy Of A Supreme Court Clerkship: Stephen Breyer And Arthur Goldberg, Laura Ray

Laura K. Ray

No abstract provided.


America Meets The Justices: Explaining The Supreme Court To The General Reader, Laura Ray Dec 2004

America Meets The Justices: Explaining The Supreme Court To The General Reader, Laura Ray

Laura K. Ray

Curiosity about the Justices of the Supreme Court has increased dramatically since the New Deal era, when Americans first became aware of how directly the Court’s decisions affected their lives. That interest is reflected in three books about the Court written for a general audience, all of them provoking controversy and attracting substantial numbers of readers. In 1936 Washington columnists Drew Pearson and Robert S. Allen published The Nine Old Men, a partisan attack on the conservative members of the Court as political actors driven by their individual attitudes rather than by the law. Over forty years later, investigative journalists …


Justice Ginsburg And The Middle Way, Laura K. Ray Dec 2002

Justice Ginsburg And The Middle Way, Laura K. Ray

Laura K. Ray

No abstract provided.


Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray Dec 2001

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura K. Ray

Laura K. Ray

No abstract provided.


The Road To Bush V. Gore: The History Of The Supreme Court’S Use Of The Per Curiam Opinion, Laura K. Ray Dec 1999

The Road To Bush V. Gore: The History Of The Supreme Court’S Use Of The Per Curiam Opinion, Laura K. Ray

Laura K. Ray

No abstract provided.


Autobiography And Opinion: The Romantic Jurisprudence Of Justice William O. Douglas, Laura K. Ray Dec 1998

Autobiography And Opinion: The Romantic Jurisprudence Of Justice William O. Douglas, Laura K. Ray

Laura K. Ray

No abstract provided.


Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray Dec 1996

Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray

Laura K. Ray

No abstract provided.


Discipline Through Delegation: Solving The Problem Of Congressional Housecleaning, Laura K. Ray Dec 1993

Discipline Through Delegation: Solving The Problem Of Congressional Housecleaning, Laura K. Ray

Laura K. Ray

No abstract provided.


From Prerogative To Accountability: The Amenability Of The President To Suit, Laura K. Ray Dec 1990

From Prerogative To Accountability: The Amenability Of The President To Suit, Laura K. Ray

Laura K. Ray

No abstract provided.


The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray Dec 1989

The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray

Laura K. Ray

No abstract provided.