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Full-Text Articles in Jurisprudence

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards Jan 2017

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

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On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …


Introduction To The U.S. Feminist Judgments Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford Jan 2016

Introduction To The U.S. Feminist Judgments Project, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford

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The U.S. Feminist Judgments Project turns attention to the U.S. Supreme Court. Contributors to this volume challenge the formalistic concepts that U.S. Supreme Court opinions are, or should be, written from a neutral vantage point and that they are, or should be, based on deductive logic or “pure” rationality. When the project’s authors brought their own feminist consciousness or philosophy to some of the most important (and supposedly “neutral”) decisions and assertions about gender-related issues, the judicial decisions took on a very different character. Feminist consciousness broadens and widens the lens through which we view law and helps the decision …


A Rhetorician’S Practical Wisdom, Linda L. Berger Jan 2015

A Rhetorician’S Practical Wisdom, Linda L. Berger

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For three years, I had the great good fortune to work in the office next to Jack Sammons. My good fortune extended to a coincidence of timing that allowed me to work with Jack on a co-authored article, The Law's Mystery. During the time I worked next door, I felt cursed by an inability to grasp concepts that to Jack appeared inevitable and essential, whether those inevitabilities and essences were to be found within the law, good lawyering, or good legal education. The curse persisted throughout the writing of The Law's Mystery.

For Jack, the essence of a …


On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main Jan 2012

On Teaching Conflicts And Why I Dislike Allstate Insurance Co. V. Hague, Thomas O. Main

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No abstract provided.