Social Movements & the Law

Learn how O'Connor became the Court's most important vote on such issues as abortion, affirmative action, the death penalty, the role of religion in society, and the election of a president, decisions that shaped a generation of Americans.

A rhetorical analysis of Justice Ruth Bader Ginsburg's feminist jurisprudence Ruth Bader Ginsburg's lifelong effort to reshape the language of American law has had profound consequences: she has shifted the rhetorical boundaries of jurisprudence on a wide range of fundamental issues from equal protection to reproductive rights. Beginning in the early 1970s, Ginsburg led a consequential attack on sexist law in the United States. By directly confronting the patriarchal voice of the law, she pointedly challenged an entrenched genre of legal language that silenced the voices and experiences of American women and undermined their status as equal citizens. On the United States Supreme Court, Justice Ginsburg continues to challenge the traditional scripts of legal discourse to insist on a progressive vision of the Constitution and to demand a more inclusive and democratic body of law. This illuminating work examines Justice Ruth Bader Ginsburg's contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women's rights) and describes her rhetorical contributions--beginning with her work in the 1970s as a lawyer and an advocate for the ACLU's Women's Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg's rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg's jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law. Ruth Bader Ginsburg stands as an incredibly important figure in late twentieth- and early twenty-first-century feminism. While a growing number of admirers celebrate Justice Ginsburg's voice of dissent today, Ginsburg's rhetorical legacy reveals that she has long articulated a sharp and strategic voice of judicial dissent. This study contributes to a more complete understanding of her feminist legacy by detailing the unique contributions of her legal rhetoric.

"The first full life--private, public, legal, philosophical--of the 107th Supreme Court Justice, one of the most profound and profoundly transformative legal minds of our time; a book fifteen years in work, written with the cooperation of Ruth Bader Ginsburg herself and based on many interviews with the Justice, her husband, her children, her friends, and associates. In this large, comprehensive, revelatory biography, Jane De Hart explores the central experiences that crucially shaped Ginsburg's passion for justice, her advocacy for gender equality, her meticulous jurisprudence: her desire to make We the People more united and our union more perfect. At the heart of her story and abiding beliefs--her Jewish background. Tikkun Olam, the Hebrew injunction to "repair the world," with its profound meaning for a young girl who grew up during the Holocaust and World War II. We see the influence of her mother, Celia Amster Bader, whose intellect inspired her daughter's feminism, insisting that Ruth become independent, as she witnessed her mother coping with terminal cervical cancer (Celia died the day before Ruth, at 17, graduated from high school). From Ruth's days as a baton twirler at Brooklyn's James Madison High School, to Cornell University, Harvard and Columbia Law School (first in her class), to being a law professor at Rutgers University (one of the few women in the field and fighting pay discrimination), hiding her second pregnancy so as not to risk losing her job; founding the Women's Rights Law Reporter, writing the brief for the first case that persuaded the Supreme Court to strike down a sex-discriminatory state law, then at Columbia (the law school's first tenured female professor); becoming the director of the women's rights project of the ACLU, persuading the Supreme Court in a series of decisions to ban laws that denied women full citizenship status with men. Her years on the US Court of Appeals for the District of Columbia Circuit, deciding cases the way she played golf, as she, left-handed, played with right-handed clubs--aiming left, swinging right, hitting down the middle. Her years on the Supreme Court. A pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond"--;"The life and legal career of Supreme Court Justice Ruth Bader Ginsburg"--;An examination of the private, public, legal, and philosophical life of one of the most profound and profoundly transformative legal minds of our time. De Hart explores the central experiences that crucially shaped Ruth Bader Ginsburg's passion for justice, her advocacy for gender equality, her meticulous jurisprudence: her desire to make We the People more united and our union more perfect. At the heart of her story we see the influence of her Jewish background; the influence of her mother, Celia Amster Bader, whose intellect inspired her daughter's feminism; her husband, Marty Ginsburg, and his battle with cancer; her years with the ACLU Women's Rights Project, on the U.S. Court of Appeals for the District of Columbia, and her crucial years on the Supreme Court. -- adapted from publisher info.

The Supreme Court is one of the most traditional institutions in America that has been an exclusively male domain for almost two hundred years. From 1981 to 2010, four women were appointed to the Supreme Court for the first time in U.S. history. The Rhetoric of Supreme Court Women: From Obstacles to Options, by Nichola D. Gutgold, analyzes the rhetoric of the first four women elected to the Supreme Court: Sandra Day O'Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. Gutgold's thorough exploration of these pioneering women's rhetorical strategies includes confirmation hearings, primary scripts of their written opinions, invited public lectures, speeches, and personal interviews with Justices O'Connor, Ginsburg, and Sotomayor. These illuminating documents and interviews form rhetorical biographies of the first four women of the Supreme Court, shedding new light on the rise of political women in the American judiciary and the efficacy of their rhetoric in a historically male-dominated political system. Gutgold's The Rhetoric of Supreme Court Women provides valuable insight into political communication and the changing gender zeitgeist in American politics.

"An anthology of opinions of Associate Justice Ruth Bader Ginsburg, edited with introductory material by Judge Nancy Gertner (Retired)"--

Given her incredible tenure as a Supreme Court justice as well as her monumental impact on the modern women's rights movement, Ginsburg has become one of the most prominent political leaders of today. This book offers wisdom from her, based on comments she has made on particular topics of importance.

The former Supreme Court Justice shares stories about the history and evolution of the Supreme Court that traces the roles of key contributors while sharing the events behind important transformations.

"Before she became the "Notorious R.B.G." famous for her passionate dissents while serving as an associate justice of the United States Supreme Court, Ruth Bader Ginsburg made her most significant contributions as a lawyer who litigated cases on gender equality before the high court in the 1970s. Beginning with Reed v. Reed (1971)-for which Ginsburg wrote her first full Supreme Court brief, and which was the first time the Court held a sex-based classification to be unconstitutional-Ginsburg became known for her work on the issue of gender equality. For Ginsburg, this was not merely a matter of women's rights, because inequality harms men as well. Several of the cases she argued concerned gender equality for men, beginning with Moritz v. Commissioner of Internal Review (1972). Ginsburg established the Women's Rights Project at the ACLU in 1972 and also coedited the first law school casebook on sex discrimination as a professor at Columbia Law School. During the rest of the decade, until President Carter appointed her for the US Court of Appeals in 1980, she litigated cases that further developed gender equality jurisprudence on the basis of the Equal Protection Clause and Title VII of the Civil Rights Act of 1964"--

"Notorious RBG: The Life and Times of Ruth Bader Ginsburg offers a visually rich, intimate, unprecedented look at the Justice and how she changed the world. From Ginsburg's refusal to let the slammed doors of sexism stop her to her innovative legal work, from her before-its-time feminist marriage to her perch on the nation's highest court--with the fierce dissents to match--get to know RBG as never before. As the country struggles with the unfinished business of gender equality and civil rights, Ginsburg stands as a testament to how far we can come with a little chutzpah,"--Amazon.com

"The first book from Ruth Bader Ginsburg since becoming a Supreme Court Justice in 1993--a witty, engaging, serious, and playful collection of writings and speeches from the woman who has had a powerful and enduring influence on law, women's rights, and popular culture. My Own Words is a selection of writings and speeches by Justice Ginsburg on wide-ranging topics, including gender equality, the workways of the Supreme Court, on being Jewish, on law and lawyers in opera, and on the value of looking beyond US shores when interpreting the US Constitution. Throughout her life Justice Ginsburg has been (and continues to be) a prolific writer and public speaker. This book contains a sampling, selected by Justice Ginsburg and her authorized biographers Mary Hartnett and Wendy W. Williams. Justice Ginsburg has written an Introduction to the book, and Hartnett and Williams introduce each chapter, giving biographical context and quotes gleaned from hundreds of interviews they have conducted. This is a fascinating glimpse into the life of one of America's most influential women"--

Ruth Bader Ginsburg is a legal icon. In more than four decades as a lawyer, professor, appellate judge, and associate justice of the US Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law.

Since her appointment as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O'Connor has had a major, but largely unrecognized, influence on the collective jurisprudence of the Burger and Rehnquist Courts. In this comprehensive and systematic analysis of O'Connor's judicial contributions, Nancy Maveety describes how O'Connor has used accommodationist decision-making strategies to make substantive contributions to the development of both constitutional law and the Court's norms of collegiality. Skeptical of interpretations that seek to impose feminist conventions on O'Connor's judicial behavior, this account combines biographical data with an analytical discussion of O'Connor's crucial decisions. This is important reading for anyone interested in the Supreme Court and contemporary jurisprudence.

This book features Ginsburg's best-known dissents in a format accessible to the non-lawyer, giving RBG's worldwide fans an approach to their hero's life's work. Each dissent is prefaced with an explanation of the case to help prepare the lay reader for approaching difficult legal prose. Ginsburg is renowned for her feisty and fearless dissents, which are her arguments in opposition to the Court's majority opinion. Through this book, the reader will read Justice Ginsburg at the zenith of her passion as she fights to persuade the public and future generations of the Court's error. Through this book, we hope fans of Justice Ginsburg-especially the young-will gain better insight into the impact a single voice can have in the halls of our country's most powerful institutions. From the introduction: Why does the practice of dissenting exist? Do dissents matter? Do they ever have lasting impact? Why do judges write dissents? Why, even, do judges write at all? Does the written opinion, and especially the written dissent, impart special impact to the words of the court or judge issuing it? And what do the answers to these questions tell us about Ruth Bader Ginsburg's role and legacy both as a justice and as the Court's most famous dissenter? This book features Ginsburg's best-known dissents-formatted for the non-lawyer-and aims to show them within their proper context, both historically and in terms of how they reflect Ginsburg's life experience and jurisprudential philosophy. It is hard to pinpoint the commencement of Ginsburg's elevation from judge to hero for millions of idealistic Americans. Perhaps it was in 2015 with the publication of Notorious RBG: The Life and Times of Ruth Bader Ginsburg, a New York Times bestseller that chronicled Ginsburg's life in the informal argot of its self-described "#millennial" authors. Though surely the process began earlier than that, on June 25, 2013, with the first post (celebrating Ginsburg's dissent lamenting the Supreme Court majority's gutting of the Voting Rights Act) on a popular blog devoted to celebrating all things Ginsburg. Regardless, it is safe to say that by 2018, Ginsburg's status as a cultural icon was cemented. That year saw the release of two films about her-On the Basis of Sex, a biopic chronicling her years as a women's rights lawyer; and RBG, a documentary about her life. What do millions of Americans see in her? She is, quite simply, the embodiment of nearly everything inspirational and aspirational about the better angels of the American experiment. Ginsburg is a gladiator. As a woman, she is one of the first of her kind. To the fight, she brings nothing but a pen. When the lions roar, she roars back, and with equal aplomb. She is ferocious. She is unafraid. Presented here are some of her most noble efforts. Although they are her last words in a losing battle, they have left an indelible mark up on the landscape of American jurisprudence. "A dissent in a court of last resort is an appeal to the brooding spirit of law, to the intelligence of a future day when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed."-Charles Evans Hughes

"An informative, simply written account of the impressive arc of Ginsburg's life." --Publisher's Weekly Before taking her place as the second woman on the Supreme Court of the United States, Ruth Bader Ginsburg quietly led a revolution and forever changed life in America for both men and women. Reserved and quiet, she didn't set out to be a trailblazer, but there was something in her way: the law. Hundreds of years of legal precedent, a line of devastating Supreme Court cases, and countless statutes depriving women of equal citizenship and keeping them from full participation in the legal and political process. Mixing social and legal history with a moving and intimate biography, award-winning author Teri Kanefield captures a turbulent era and tells the story of how Ruth Bader Ginsburg defied expectations to become one of the most influential and powerful women in America. "We hear many voices in this wonderfully engaging biography of Ruth Bader Ginsburg and come away with a far richer understanding of Ruth Bader Ginsburg and of what the rise of feminism has meant for all of us, whatever our gender, whatever our politics." --Kathleen Vanden Heuvel, Law Library Director, Adjunct Professor of Law, University of California, Berkeley School of Law "An absorbing personal biography of Ruth Bader Ginsburg that is also equal parts legal history and political philosophy. Like Ginsburg herself, Kanefield's narrative is precise, candid, logical, yet filled with humor and irony. She shows the reader the warmth and humility behind a serious legal mind. Free to Be Ruth Bader Ginsburg will appeal to a wide range of readers and is a valuable addition to all types of libraries." --Suzy Szasz Palmer, Past President, Virginia Library Association "An engrossing biography of Ruth Bader Ginsburg that doubles as a primer on how America's champions for gender equality pressed their cause in the courts. Recommended for every law student, lawyer, and lay reader looking for an authoritative yet readable treatment of how the law shapes women's lives, and vice-versa." --Kathleen Morris, Associate Professor of Law, Golden Gate Law School "Free to Be is a richly detailed biography offering fascinating insights into the groundbreaking career of Ruth Bader Ginsberg and at the same time charting for readers a thorough and engaging history of the law of sex discrimination and equal protection jurisprudence that she helped to shape. Kanefield's book is a must read, not only for fans of RBG but for anyone interested in a more complete understanding of the evolution of women's rights and legal status in the U.S." --Sharmilla Lodhia, Associate Professor, Women's and Gender Studies, Santa Clara University "Free to Be is a must read for those who love history, want to know more about the women's rights movement, or have an interest in modern politics and culture. I highly recommend it!" --Kristi Jensen, Librarian, University of Minnesota

"She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her class at law school in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings -- doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness. She became the first-ever female majority leader of a state senate. As a judge on the Arizona State Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the Supreme Court, appointed by Reagan in 1981, she began a quarter-century tenure on the court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise. Women and men today will be inspired by how to be first in your own life, how to know when to fight and when to walk away, through O'Connor's example."--

Since 1980, the Canadian women's movement has been an active participant in constitutional politics and Charter litigation. This book, through its focus on the Women's Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement's policy agenda.

On 10 May 2010, President Obama nominated Solicitor General Elena Kagan to replace retiring Justice John Paul Stevens. If confirmed, Elena Kagan would be the first Solicitor General to be appointed to the Court since the elevation of Thurgood Marshall in 1967. Given that Solicitor General Kagan has made few public statements on important legal and policy issues, some have looked to her record as Solicitor General for some indication of her views. Understanding the role and responsibilities of the Solicitor General can provide a useful backdrop against which to evaluate Elena Kagan's statements and official actions and assess her professional qualifications. This book examines the office of Solicitor General and its successes before the Court, and examines the career of Elena Kagan and her nomination to Supreme Court Justice.

Elena Kagan can be considered a "wild card" in terms of how she will vote and affect Supreme Court decisions. While largely considered a liberal, her lack of a judicial "track record" and previous work as Solicitor General lend an air of uncertainty as to how she will react to upcoming cases that have proven highly divisive and controversial. This full-length biography sheds light on Elena Kagan's life, covering her college years at Princeton and her experience in law school as well as her legal career, which eventually led her to a seat on the U.S. Supreme Court. Appropriate for high school, college, and adult readers, the book not only documents Justice Kagan's life, achievements, and the possibilities for the future, but also how Kagan is an inspiring role model who demonstrated independence, determination, and high achievement throughout her career.

"The life and career of the fiercely principled Supreme Court Justice, now a popular icon, with dramatic accounts of her landmark cases that moved the needle on legal protection of human rights, illustrated with b/w archival photographs"--

"The trailblazing Supreme Court Justice Ruth Bader Ginsburg in her own words. Her most essential writings on gender equality and women's rights, reproductive health care, and voting and civil rights"--

This is a remarkable and unique book, an informal portrait of Justice Ginsburg, drawing on a series of her conversations with Rosen, starting in the 1990s and continuing through the Trump era. Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with readers the justice's observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through.

"Sonia Sotomayor is the highest ranking Latino/a in the United States. Her story of accomplishment and rise to the pinnacle of American public life seemed to herald a profound cultural and historical shift. Latinos are America's largest minority and also its most disenfranchised. For many, Sotomayor's ascent represented the elusive fulfillment of an American dream. A chronological narrative of her extraordinary life, Being Brown juxtaposes Sotomayor's phenomenal successes with the twists and turns of minority inclusion in American democracy. Lazaro Lima also shows how Sotomayor's own self-making as a Puerto Rican model of possibility allows us to understand not only the appeal but also the limits of representation. Culling through Sotomayor's own writings, her Supreme Court dissents, and speeches, Lima questions what it means to have a powerful Latina in the Supreme Court. What does her ascent say about social mobility and inclusion? While Sotomayor's story inspires hope, it also reveals much about the general lack of equality of Latinos and other disenfranchised communities"--Provided by publisher.

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Created by one of the Law Library Fellows, Alex Hutchings, this is an online exhibit dedicated to Justice Ginsburg and her impact on the law, including gende...

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Thousands of people are expected to pay their respects at the Supreme Court to the late Justice Ruth Bader Ginsburg, the women's rights champion, leader of the court's liberal bloc and feminist icon who died last week. Full Story: https://www.ksdk.com/article/news/nation-world/thousands-expected-honor-ruth-bader-ginsburg-supreme-court/507-cdcbea03-1098-4725-a358-94eb3a0e60fc

Nancy Gertner (Harvard Law School)

September 2020 the nation lost one of its biggest social justice warriors, Ruth Bader Ginsburg. After serving on the Supreme Court of the United States for nearly three decades, Ginsburg passed away from complications of cancer. Join us as we explore the life of the Notorious RGB.