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Styles of Argumentation in Judicial Opinions (Legitimating Judicial Decisions)

Annual Review of Law and Social Science, 2018
This article focuses on how judges present arguments in written opinions and whether the predominant style of argumentation promotes the legitimacy of the judiciary. Judicial opinions are habitually unequivocal, overstated, and lacking of any doubt that the singularly correct decision was reached.
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The Narrative Impulse in Judicial Opinions

Law & Literature, 2011
AbstractThis essay examines the backdrop for the Supreme Court’s expansive reading of the Fourth Amendment in Katz v. United States, namely, “The right of the people to be secure in their persons … against unreasonable searches … shall not be violated.” Katz, and perhaps more significantly its precursor, Olmstead v.
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