Doctrinal Conversation: Justice Kagan's Supreme Court Opinions

Indiana Law Journal Supplement, v. 89, 2013

Widener Law School Legal Studies Research Paper No. 13-39

12 Pages Posted: 15 Nov 2013 Last revised: 7 Dec 2013

Laura Ray

Widener University - Delaware Law School

Date Written: November 12, 2013

Abstract

In her first two terms on the Supreme Court, Justice Elena Kagan has crafted a distinctive judicial voice that speaks to her readers in a remarkably conversational tone. She employs a variety of rhetorical devices: invocations to “remember” or “pretend”; informal and even colloquial diction; a diverse assortment of similes and metaphors; and parenthetical interjections that guide the reader’s response. These strategies engage the reader in much the same way that Kagan as law professor may well have worked to engage her students, and in the context of judicial opinions they serve several purposes. They make Kagan’s opinions accessible to lay readers as well as legal professionals, a goal she has specified. More generally, her conversational style works to persuade her readers that her arguments are grounded in both legal doctrine and the familiar texture of human experience.

Keywords: Elena Kagan, Supreme Court, justices, judges, legal writing, judicial opinions, rhetoric

JEL Classification: K10

Suggested Citation

Ray, Laura, Doctrinal Conversation: Justice Kagan's Supreme Court Opinions (November 12, 2013). Indiana Law Journal Supplement, v. 89, 2013; Widener Law School Legal Studies Research Paper No. 13-39. Available at SSRN: https://ssrn.com/abstract=2353551

Laura Ray (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

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