Abstract

http://ssrn.com/abstract=413620
 
 

Footnotes (38)



 


 



The Legal Speaker and Writer at the New Millennium, with an Application to Justice Souter


Richard Weisberg


Yeshiva University - Benjamin N. Cardozo School of Law


Cardozo Law School, Public Law Research Paper No. 67

Abstract:     
In "Hurley" (the Boston Parade case), Justice Souter writes for a unanimous Supreme Court to strike down on First Amendment grounds the application of a Massachusetts anti-discrimination law, which protects (inter alia) gays and lesbians, to organizers of the parade. Certain prose oddities, together with the striking form of the opinion, signal Justice Souter's stress in rising to the occasion of permitting private prejudice to win the day on Boston's public thoroughfares. This essay analyzes closely the verbal and structural choices that evoke a distance or space between the adjudicator's detectable sense of justice in the case and his complex mustering of doctrine to parade towards the opposite outcome.

Key words: Souter, parade, expression, GLIB, law and literature

Number of Pages in PDF File: 41

working papers series


Download This Paper

Date posted: June 3, 2003  

Suggested Citation

Weisberg, Richard, The Legal Speaker and Writer at the New Millennium, with an Application to Justice Souter. Cardozo Law School, Public Law Research Paper No. 67. Available at SSRN: http://ssrn.com/abstract=413620 or http://dx.doi.org/10.2139/ssrn.413620

Contact Information

Richard H. Weisberg (Contact Author)
Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0299 (Phone)
212-790-0205 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 1,250
Downloads: 96
Download Rank: 161,295
Footnotes:  38

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.234 seconds