The Rhetorical Invention of Diversity [electronic resource] : Supreme Court Opinions, Public Arguments, and Affirmative Action / M. Kelly Carr.

By:

Carr, M. Kelly [author.]

Contributor(s):

Project Muse

Material type: Text

TextSeries: Book collections on Project MUSEPublication details: East Lansing : Michigan State University Press, 2018. 2015)Description: 1 online resource (pages cm.)Content type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781609175641
1609175646
9781628953312
1628953314

Subject(s): Genre/Form:

Electronic books.

Additional physical formats: Print version:: No titleDDC classification:

347.73/26 23

LOC classification:

KF8748 .C26 2018

Online resources:

Click here to access online

Contents:

Intro; 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

Summary: "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." -- Publisher's website.

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Item type	Home library	Collection	Call number	Materials specified	Status	Date due	Barcode
Electronic-Books	OPJGU Sonepat- Campus	E-Books EBSCO			Available

Includes bibliographical references and index.

Description based on print version record.

"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." -- Publisher's website.

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