
The Rhetorical Invention of Diversity
Supreme Court Opinions, Public Arguments, and Affirmative Action
M. Kelly Carr(Author)
Michigan State University Press
Will be published approx. on 1. May 2018
Book
Paperback/Softback
318 pages
978-1-61186-284-3 (ISBN)
Description
Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action's best constitutional justification. 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.
Reviews / Votes
"Carr situates the famous Bakke opinions in their full social, political, and rhetorical contexts. In particular, she skillfully presents the inventive force of Justice Powell's opinion as the product of broader public discourse, the effect of amici briefs, and the internal deliberations of the justices. Legal and rhetorical scholars both will learn much from this detailed and elegantly written account."-FRANCIS J. MOOTZ III, Dean and Professor of Law, McGeorge School of Law, University of the Pacific
More details
Series
Language
English
Place of publication
East Lansing, MI
United States
Target group
Professional and scholarly
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 23 mm
Weight
481 gr
ISBN-13
978-1-61186-284-3 (9781611862843)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
M. KELLY CARR is an Assistant Professor of Communication and Basic Course Director at the University of West Florida.
Content
Contents
Acknowledgments
Introduction
1. Collaborative Rhetorical Inventionin Supreme Court Opinions
2. Amicus Briefs as Argumentative Scene in Bakke
3. The Intrachambers Inventional Process and the Pragmatic Roots of Diversity
4. Prudential Supreme Court Opinion Writing
5. The Rhetorical Supreme Court and the Legacy of Diversity
Notes
Index
Acknowledgments
Introduction
1. Collaborative Rhetorical Inventionin Supreme Court Opinions
2. Amicus Briefs as Argumentative Scene in Bakke
3. The Intrachambers Inventional Process and the Pragmatic Roots of Diversity
4. Prudential Supreme Court Opinion Writing
5. The Rhetorical Supreme Court and the Legacy of Diversity
Notes
Index