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Articles 1 - 6 of 6
Full-Text Articles in Law
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Proceedings of the New York State Communication Association
This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Faculty Articles and Other Publications
In this chapter from Living In A Law Transformed: Encounters With The Works Of James Boyd White, Professor Eisele discusses the inspiration provided him by White's writing.
Aaron Swartz’S Legacy, Rebecca Gould
Aaron Swartz’S Legacy, Rebecca Gould
Rebecca Gould
“Aaron Swartz’s Legacy,” Academe: Magazine of the American Association of University Professors 95(1): 19-23. Special issue on the “New Public Intellectual.” http://www.aaup.org/article/aaron-swartz%E2%80%99s-legacy#.UtZGm2RDtmk
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Carlo A. Pedrioli
This article explains how, from 1920 to 1960, the role, or persona, of the law professor in the United States remained the situs of considerable rhetorical controversy that the role had been in the fifty years before 1920. On one hand, lawyers used rhetoric to promote a persona, that of a scholar, appropriate for the law professor situated within the university, a context suitable for the professionalization of law. On the other hand, different lawyers like Judge Jerome Frank used rhetoric to critique, often in a scathing manner, the scholar persona and put forth their own persona, that of a …
One And Inseparable: The Union And Deliberative Conduct In Webster's "Reply To Hayne.", James M. Farrell
One And Inseparable: The Union And Deliberative Conduct In Webster's "Reply To Hayne.", James M. Farrell
Communication
In Daniel Webster's view, the survival of the Union required not only an orator who could defend the Constitution as he did against Robert Hayne, but one who could embody the spirit of the constitution in deliberative performance. Webster uses his performance in debate not only to assail his opponent, defend New England, and expound on the Constitution, but further to demonstrate with his own oratory the abiding value of decorum, prudence, and eloquence in the national life. Webster becomes the ideal of deliberative performance as he contrasts his own conduct in debate with that of his Southern opponent. Webster’s …
The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell
The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell
Communication
This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will reconstruct …