While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court’s voting pattern, this book offers a contrarian position focused on close scrutiny of the justices’ communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic n...

“This short book makes you smarter than 99% of the population. . . . The concepts within it will increase your company’s ‘organizational intelligence.’. . . It’s more than just a must-read, it’s a ‘have-to-read-or-you’re-fired’ book.”—Geoffrey James, INC.comFrom the author of An Illustrated Book of Loaded Language, here’s the antidote to fuzzy thinking, with furry animals!Have you read (or stumbled into) one too many irrational online debates? Ali ...

"An entertaining history of great oratory" and a primer to rhetoric's key techniques (The New Yorker).Rhetoric gives our words the power to inspire. But it's not just for politicians: it's all around us, whether you're buttering up a key client or persuading your children to eat their vegetables. You have been using rhetoric yourself, all your life. After all, you know what a rhetorical question is, don't you?In Words Like Loaded Pistols, ...

The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties. One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of decision-making. Professor Dorf and Professor...

Against Judicial Activism cites numerous cases to support this argument. For instance, the British Columbia Human Rights Tribunal and Supreme Court read a ban on discrimination on the ground of transsexualism as being part of the province's human rights code. On the basis of this revision of the law, the tribunal ordered the Vancouver Rape Relief Society to pay $7,500 to a transsexual man in compensation for refusing to admit him into a training course for rape crisis counsellors.

"Rhetoric is the counterpart of logic," claimed Aristotle. "Rhetoric is the first part of logic rightly understood," Martin Heidegger concurred. "Rhetoric is the universal form of human communication," opined Hans-Georg Gadamer. But in Deep Rhetoric, James Crosswhite offers a groundbreaking new conception of rhetoric, one that builds a definitive case for an understanding of the discipline as a philosophical enterprise beyond basic argumentation and is fully conversant with the ad...

This is a guide to and commentary on the new procedural rules for arbitration adopted by the Permanent Court of Arbitration (PCA) in December 2012. The PCA is a unique arbitral institution - an intergovernmental organization counting over one hundred member states - with a rapidly growing annual caseload of arbitrations involving various combinations of states, state entities, intergovernmental organizations, and private parties. The 2012 PCA Rules are the most recent set of arbitral rules...

On March 9, 1976, a violent explosion, fueled by high concentrations of methane gas and coal dust, ripped through the Scotia mine in the heart of Eastern Kentucky coal country. The blast killed fifteen miners who were working nearly three and a half miles underground; two days later, a second explosion took the lives of eleven rescue workers. For the miners’ surviving family members, the loss of their husbands, fathers, and sons was only the beginning of their nightmare.In The ...

In the days and weeks following the tragic 2011 shooting of nineteen Arizonans, including congresswoman Gabrielle Giffords, there were a number of public discussions about the role that rhetoric might have played in this horrific event. In question was the use of violent and hateful rhetoric that has come to dominate American political discourse on television, on the radio, and at the podium. A number of more recent school shootings have given this debate a renewed sense of urgency, as hav...

What will European patent litigation look like in 10 years time? With the coming into force of seismic reforms, European Patent Litigation in the Shadow of the Unified Patent Court combines close analysis of the current regime with a novel use of qualitative survey data to assess the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect.Not long ago only scant data were publicly available on the subject of patent litigation in EU me...

Abraham Lincoln worried that the 'walls' of the constitution would ultimately be leveled by the 'silent artillery of time.' His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected ...

Distinguished Book Award, Philosophy of Communication Division, National Communication Association, 2017Top Book Award, Communication Ethics Division, National Communication Association, 2017Philosopher Emmanuel Levinas’s ethics as first philosophy explicates a human obligation and responsibility to and for the Other that is an unending and imperfect commitment. In Levinas’s Rhetorical Demand: The Unending Obligation of Communication Ethics, Ronald C. Arnett unders...