Supreme Court and McCarthy

  Robert M. Lichtman. The Supreme Court and McCarthy-Era Repression: One Hundred Decisions (Urbana, IL: University of Illinois Press, 2012).

from the publisher:

In this volume, attorney Robert M. Lichtman provides a comprehensive history of the U.S. Supreme Court's decisions in "Communist" cases during the McCarthy era. Lichtman shows the Court's vulnerability to public criticism and attacks by the elected branches during periods of political repression. The book describes every Communist-related decision of the era (none is omitted), placing them in the context of political events and revealing the range and intrusiveness of McCarthy-era repression.

In Fred Vinson's term as chief justice (1946–53), the Court largely rubber-stamped government action against accused Communists and "subversives." After Earl Warren replaced Vinson as chief justice in 1953, however, the Court began to rule against the government in "Communist" cases, choosing the narrowest of grounds but nonetheless outraging public opinion and provoking fierce attacks from the press and Congress. Legislation to curb the Court flooded Congress and seemed certain to be enacted. The Court's situation was aggravated by its 1954 school-desegregation decision, Brown v. Board of Education, which led to an anti-Court alliance between southern Democrats and anti-Communists in both parties. Although Lyndon Johnson's remarkable talents as Senate majority leader saved the Court from highly punitive legislation, the attacks caused the Court to retreat, with Felix Frankfurter leading a five-justice majority that decided major constitutional issues for the government and effectively nullified earlier decisions. Only after August 1962, when Frankfurter retired and was replaced by Arthur Goldberg, did the Court again begin to vindicate individual rights in "Communist" cases--its McCarthy era was over.

Demonstrating keen insight into the Supreme Court's inner workings and making extensive use of the justices' papers, Lichtman examines the dynamics of the Court's changes in direction and the relationships and rivalries among its justices, including such towering figures as Hugo Black, Felix Frankfurter, Earl Warren, William O. Douglas, and William J. Brennan, Jr. The Supreme Court and McCarthy-Era Repression: One Hundred Decisions tells the entire story of the Supreme Court during this unfortunate period of twentieth-century American history.

Development Rhetoric

 Jenny Rice. Distant Publics: Development Rhetoric and the Subject of Crisis. (Pittsburgh, PA: University of Pittsburgh Press, 2012.






from the publisher:

Urban sprawl is omnipresent in America and has left many citizens questioning their ability to stop it. In Distant Publics, Jenny Rice examines patterns of public discourse that have evolved in response to development in urban and suburban environments. Centering her study on Austin, Texas, Rice finds a city that has simultaneously celebrated and despised development. Rice outlines three distinct ways that the rhetoric of publics counteracts development: through injury claims, memory claims, and equivalence claims. In injury claims, rhetors frame themselves as victims in a dispute. Memory claims allow rhetors to anchor themselves to an older, deliberative space, rather than to a newly evolving one. Equivalence claims see the benefits on both sides of an issue, and here rhetors effectively become nonactors.  Rice provides case studies of development disputes that place the reader in the middle of real-life controversies and evidence her theories of claims-based public rhetorics. She finds that these methods comprise the most common (though not exclusive) vernacular surrounding development and shows how each is often counterproductive to its own goals. Rice further demonstrates that these claims create a particular role or public subjectivity grounded in one’s own feelings, which serves to distance publics from each other and the issues at hand. Rice argues that rhetoricians have a duty to transform current patterns of public development discourse so that all individuals may engage in matters of crisis. She articulates its sustainability as both a goal and future disciplinary challenge of rhetorical studies and offers tools and methodologies toward that end.