Concurring Opinion Writing on the U.S. Supreme Court by Pamela C. Corley

By Pamela C. Corley

While justices write or subscribe to a concurring opinion, they display their personal tastes over important criminal ideas. Concurrences supply a manner for justices to precise their perspectives in regards to the legislations, to have interaction in a discussion of legislation with one another, the criminal group, the general public, and Congress. this significant learn is the 1st systematic exam of the content material of excellent courtroom concurrences. whereas earlier paintings on excellent court docket choice making focuses exclusively at the final result of circumstances, Pamela C. Corley tackles the content material of ultimate court docket concurring evaluations to teach the reasoning at the back of each one justice’s determination. utilizing either qualitative and quantitative equipment of research, Concurring Opinion Writing at the U.S. ideal court docket bargains a wealthy and specified portrait of judicial determination making via learning the method of opinion writing and the formation of criminal doctrine throughout the detailed lens of concurrences.

Show description

Read Online or Download Concurring Opinion Writing on the U.S. Supreme Court PDF

Similar writing books

The Idea of Writing

This exploration of the flexibility of writing structures highlights their complexity once they are used to symbolize loanwords, remedy difficulties of polysemy or after they are tailored for use for one more language. The methods from diversified educational traditions offer a assorted yet specialist account.

Comprehensive Glossary of Telecom Abbreviations and Acronyms

Abbreviations give a contribution to more desirable potency of writing, interpreting, and talking, in addition to higher comprehension of technical and medical articles, reviews, and lectures. They serve to minimize the time and price of writing, typing, modifying, and composition resetting. in addition they reduce the gap required for texts, tables, and diagrams.

Writing in the Workplace: New Research Perspectives

Rachel Spilka brings jointly nineteen formerly unpublished essays involved in ways that contemporary examine on place of work writing can give a contribution to the long run path of the self-discipline of technical writing. Hers is the 1st anthology at the social point of view in expert writing to add centred discussions of study advances and destiny examine directions.

The place of work as outlined by way of this quantity is a greatly assorted region that encompasses small businesses and massive organizations, public organisations and personal companies, and a diverse inhabitants of writers—engineers, managers, nurses, social staff, govt staff, and others. simply because a lot examine has been carried out at the courting among office writing and social contexts because the ground~breaking 1985 booklet of Odell and Goswami’s Writing in Nonacademic Settings, Spilka contends that this is often a suitable time for the pro writing group to think about what it has discovered thus far and the place it's going to be heading subsequent in mild of those fresh discoveries. She argues that now specialist writers may still try and ask larger questions and to outline new directions.

Spilka breaks the anthology into components. half 1 is a set of ten essays featuring textual and qualitative stories carried out through the authors within the past due l980s on place of work writing. Spilka has selected those experiences as consultant of the best study being performed in expert writing that may function versions for present and destiny researchers within the box. Barbara Couture, Jone Rymer, and Barbara Mirel file on surveys they performed counting on the social standpoint either to layout survey tools and to investigate survey facts. Jamie MacKinnon assesses a qualitative learn describing what office pros may wish to profit approximately social contexts and office writing. Susan Kleimann and editor Rachel Spilka talk about a number of case reviews they carried out that aid clarify the price in the course of the composing strategy of social interplay one of the members of a rhetorical state of affairs. Judy Z. Segal explores the negotiation among the nature of Western medication and the character of its expert discourse. Jennie Dautermann describes a qualitative research during which a gaggle of nurses "claimed the authority to restructure their very own procedural info approach. " Anthony Paré finds in a case examine of social employees that writing may be limited seriously through socially imposed obstacles and regulations. Graham shrewdpermanent describes a research of discourse conventions in a bank. Geoffrey A. go experiences on a case learn of the interrelation of style, context, and technique within the team construction of an government letter and record.

Part 2 comprises 9 essays that determine the results of modern examine on place of work writing on conception, pedagogy and perform, and destiny examine instructions. Mary Beth Debs considers study implications for the inspiration of authorship. Jack Selzer explores the assumption of intertextuality. Leslie A. Olson studies the literature valuable to the idea that of a discourse group. James A. Reither means that writing-as-collaboration within the lecture room focuses "more at the construction of texts to be evaluated than on ways that texts come up out of alternative texts. " Rachel Spilka keeps Reither’s dialogue of the way writing pedagogy in academia should be revised with reference to the social viewpoint. Patricia Sullivan and James E. Porter reply to the talk concerning the authority of concept as opposed to that of perform on researchers’ notions of method. Mary Beth Debs considers which equipment utilized in fields regarding writing carry promise for examine in office writing. Stephen Doheny-Farina discusses how a few writing researchers are wondering the underlying assumptions of conventional ethnography. eventually, Tyler Bouldin and Lee Odell recommend destiny instructions for the examine of place of work writing.

Writing for Visual Media, Third Edition

Writing for visible Media appears on the primary difficulties a author faces in studying to create content material for media that's to be noticeable instead of learn. It takes you from easy recommendations to perform via a seven-step technique that is helping you determine a communications challenge, imagine it via, and discover a solution ahead of starting to write.

Extra resources for Concurring Opinion Writing on the U.S. Supreme Court

Sample text

10 Of the 3,033 justice observations, 2,646 (87%) joined the majority opinion, whereas 387 (13%) of the observations involved a justice writing or joining a concurrence. Of those 387 observations, 120 (31%) were limiting concurrences, 16 (4%) were reluctant, 53 (14%) expansive, 51 (13%) emphatic, 138 (36%) doctrinal, and 9 (2%) unnecessary. Although a majority of the concurrences are expressing disagreement in some fashion with the majority opinion, more than 25 percent of the concurrences are quite supportive of the majority decision.

S. s. s. s. s. s. s. S. Supreme Court if the case overturned precedent or declared a state or federal law unconstitutional. 028. Since a doctrinal concurrence disagrees with the reasoning employed by the majority and also is more likely to be a special concurrence, meaning the justice does not sign on to the majority opinion, the majority opinion writer has great incentive to bargain successfully with the justice in cases involving a minimum winning coalition in order to create binding precedent.

Additionally, the emphatic concurrence has been described as the safety valve that permits a justice to join with or make possible a majority (Ray 1990). By allowing its author to clarify his or her understanding of the Court’s holding, the emphatic concurrence may in some instances work to create a fragile consensus. If this is true, the emphatic concurrence may be used more often in closely divided cases, such as cases involving minimum winning coalitions. The measure I use for minimum winning coalition is from the Justice-Centered Rehnquist Court Database (Benesh and Spaeth 2003) and is coded 1 if yes, 0 otherwise.

Download PDF sample

Rated 4.03 of 5 – based on 26 votes
Posted In CategoriesWriting