@misc{noauthor_evancho_2017,
	title = {Evancho v. {Pine}-{Richland} {School} {District}},
	month = feb,
	year = {2017},
	keywords = {0.Discussed in Workshop, Fourteenth Amendment, Romer v. EVans, W.D. Pa., animus, equal protection, trans legal studies},
}

@misc{totenberg_battle_2017,
	title = {In {Battle} {Over} {Band} {Name}, {Supreme} {Court} {Considers} {Free} {Speech} {And} {Trademarks}},
	url = {http://www.npr.org/2017/01/18/510310945/in-battle-over-band-name-supreme-court-considers-free-speech-and-trademarks},
	abstract = {The Patent and Trademark Office denied registration to an Asian-American rock band named The Slants; the musicians say they want to re-appropriate the term. The case hits the high court on Wednesday.},
	urldate = {2017-05-26},
	journal = {NPR.org},
	author = {Totenberg, Nina},
	month = jan,
	year = {2017},
	keywords = {0.Discussed in Workshop, critical race IP, first amendment, race},
}

The Patent and Trademark Office denied registration to an Asian-American rock band named The Slants; the musicians say they want to re-appropriate the term. The case hits the high court on Wednesday.

@article{opel_designing_2017,
	title = {Designing {Online} {Resources} for {Safety} {Net} {Healthcare} {Providers}: {Users}' {Needs} and the {Evidence}-based {Medicine} {Paradigm}},
	volume = {4},
	issn = {2166-1200},
	shorttitle = {Designing {Online} {Resources} for {Safety} {Net} {Healthcare} {Providers}},
	url = {http://doi.acm.org/10.1145/3071078.3071084},
	doi = {10.1145/3071078.3071084},
	abstract = {As the healthcare system in the United States becomes more complex, so does the information needed for administrators and clinicians to keep apprised of new regulatory and systemic changes. In this article, I use a review and analysis of an online resource project to identify effective practices to educate and support healthcare safety net organizations, or those clinics that serve low-income populations. The project team consisted primarily of healthcare researchers who used a systematic review of the scholarly literature to develop online systems for transmitting information about healthcare payment and service delivery reform to those serving low income populations. As the technical communicator working on this project, the author advocated incorporating concepts of user research and user-centered design to the project team. This research included a survey of provider-users. The analysis of this project revealed that, in the health and medical community, evidence-based medicine and the genre of systematic literature review may be privileged such that provider-user needs for information seeking are not taken into account when designing online communication based on these reviews. Communication designers may need to work with and adapt the work of translation science and knowledge-to-action to develop more user-centered online content for provider education.},
	number = {3},
	urldate = {2017-06-01},
	journal = {Commun. Des. Q. Rev},
	author = {Opel, Dawn},
	month = mar,
	year = {2017},
	keywords = {2.DL\&R participant publications},
	pages = {35--45},
}

As the healthcare system in the United States becomes more complex, so does the information needed for administrators and clinicians to keep apprised of new regulatory and systemic changes. In this article, I use a review and analysis of an online resource project to identify effective practices to educate and support healthcare safety net organizations, or those clinics that serve low-income populations. The project team consisted primarily of healthcare researchers who used a systematic review of the scholarly literature to develop online systems for transmitting information about healthcare payment and service delivery reform to those serving low income populations. As the technical communicator working on this project, the author advocated incorporating concepts of user research and user-centered design to the project team. This research included a survey of provider-users. The analysis of this project revealed that, in the health and medical community, evidence-based medicine and the genre of systematic literature review may be privileged such that provider-user needs for information seeking are not taken into account when designing online communication based on these reviews. Communication designers may need to work with and adapt the work of translation science and knowledge-to-action to develop more user-centered online content for provider education.

@misc{noauthor_re_2017,
	title = {In re {Ah} {Yup}},
	copyright = {Creative Commons Attribution-ShareAlike License},
	url = {https://en.wikipedia.org/w/index.php?title=In_re_Ah_Yup&oldid=758436958},
	abstract = {In re Ah Yup was an 1878 landmark court decision in the United States that deemed residents of Asian descent ineligible for naturalization. Since the existing laws allowed only for the naturalization of white people and black people, the Chinese plaintiff Ah Yup attempted to argue that Chinese people were white. A federal court in California dismissed this contention with reference to then current scientific and popular ideas about race, emphasizing that "Orientals" were unfit for participation in republican government because of the unsatisfactory political culture which existed in Asia at the time.},
	language = {en},
	urldate = {2017-05-31},
	journal = {Wikipedia},
	month = jan,
	year = {2017},
	note = {Page Version ID: 758436958},
	keywords = {0.Discussed in Workshop, In re Ah Yup, López prerequisite cases, SCOTUS, Whiteness, citizenship, constitutive rhetoric, critical race rhetoric, identity, naturalization, race},
}

In re Ah Yup was an 1878 landmark court decision in the United States that deemed residents of Asian descent ineligible for naturalization. Since the existing laws allowed only for the naturalization of white people and black people, the Chinese plaintiff Ah Yup attempted to argue that Chinese people were white. A federal court in California dismissed this contention with reference to then current scientific and popular ideas about race, emphasizing that "Orientals" were unfit for participation in republican government because of the unsatisfactory political culture which existed in Asia at the time.

@article{coker_murder_2017,
	title = {Murder, {Miscarriage}, and {Women}’s {Choice}: {Prudence} in the {Colorado} {Personhood} {Debate}},
	volume = {81},
	issn = {1057-0314},
	shorttitle = {Murder, {Miscarriage}, and {Women}’s {Choice}},
	url = {http://www.tandfonline.com/doi/full/10.1080/10570314.2016.1245439},
	doi = {10.1080/10570314.2016.1245439},
	abstract = {This article analyzes texts circulated in the 2014 debate over Colorado’s Amendment 67, the so-called Personhood Amendment, to demonstrate that value claims within the abortion debate are subordinated in favor of discussing the potential legal and philosophical implications of granting fetuses personhood. Using prudence, Robert Hariman’s (1991) framework for understanding political action, as a theoretical lens, I argue the personhood debate offers scholars an opportunity to identify and evaluate competing value claims of {\textless}life{\textgreater} and {\textless}agency{\textgreater} in relation to potential impacts of the amendment. Prudence offers a compelling area for political communication and rhetorical scholars to expand and develop in light of policy failures in the abortion debate, and other key areas.},
	number = {3},
	urldate = {2017-04-26},
	journal = {Western Journal of Communication},
	author = {Coker, Calvin R.},
	month = may,
	year = {2017},
	keywords = {0.Discussed in Workshop, biopower, feminist legal studies, gender, law and policy, phronesis, prudence, sovereignty},
	pages = {300--319},
}

This article analyzes texts circulated in the 2014 debate over Colorado’s Amendment 67, the so-called Personhood Amendment, to demonstrate that value claims within the abortion debate are subordinated in favor of discussing the potential legal and philosophical implications of granting fetuses personhood. Using prudence, Robert Hariman’s (1991) framework for understanding political action, as a theoretical lens, I argue the personhood debate offers scholars an opportunity to identify and evaluate competing value claims of \textlesslife\textgreater and \textlessagency\textgreater in relation to potential impacts of the amendment. Prudence offers a compelling area for political communication and rhetorical scholars to expand and develop in light of policy failures in the abortion debate, and other key areas.

@article{watts_politics_2017,
	title = {Politics, the {Police}, and {Anti}-{Blackness}},
	volume = {Ahead of print edition},
	issn = {1096-4649},
	url = {http://www.tandfonline.com/eprint/2m96mQ73XCVgWk6Qp6H2/full},
	doi = {http://dx.doi.org/10.1080/10646175.2017.1288180},
	abstract = {(2017). Politics, the Police, and Anti-Blackness. Howard Journal of Communications. Ahead of Print.},
	language = {en},
	urldate = {2017-03-28},
	journal = {Howard Journal of Communications},
	author = {Watts, Eric King},
	month = mar,
	year = {2017},
	keywords = {4.Watts Keynote sources, antiblackness, force of law, police power, race},
}

(2017). Politics, the Police, and Anti-Blackness. Howard Journal of Communications. Ahead of Print.

@book{puri_sexual_2016,
	address = {Durham},
	series = {Next wave},
	title = {Sexual states: governance and the decriminalization of sodomy in {India}'s present},
	isbn = {978-0-8223-6026-1 978-0-8223-6043-8 978-0-8223-7474-9},
	shorttitle = {Sexual states},
	publisher = {Duke University Press},
	author = {Puri, Jyoti},
	year = {2016},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants, English law, Indian law, comparative law, constitutional law, due process, race, sodomy law},
}

@phdthesis{makstenieks_new_2016,
	address = {United States -- Indiana},
	type = {Ph.{D}.},
	title = {A new tradition of {American} {Islam}: {Muslim}-{American} rhetorics and consensual power},
	copyright = {Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.},
	shorttitle = {A new tradition of {American} {Islam}},
	url = {http://search.proquest.com.pitt.idm.oclc.org/docview/1845021831/abstract/FBC42D25380E4EBCPQ/1},
	abstract = {On September 11, 2001, over one billion people quite suddenly became visible. For millions of Americans, that new multitude was a startling schism in the fabric of reality. Quite obviously, the world’s Muslims did not physically come into existence that day. However, Islam was (re)born in America through powerful rhetorics that cast it as a looming, external-internal Other – the barbarians at the gate and inside the walls. Despite recurrent Islamophobic claims about silent complicity, American Muslims have responded to these negative interpellations and have (re)constituted their dual identity as Muslim and American through various rhetorical realities. This dissertation proposes and employs a Gramscian approach, defining rhetoric as the creation of reality through consensual power. Using this critical heuristic, along with an emphasis on agonistic deliberation, I engage the rhetorics of three prominent American Muslim leaders – Dr. Seyyed Hossein Nasr, Sheikh Hamza Yusuf, and Imam Feisal Abdul Rauf, revealing how they accrue consensual power through broad Islamic realities and through specific constructions of American Muslim identity. Bombarded by negative interpellations from hegemonic American rhetorics and disrupted by progressive and reactionary challenges to the hegemonic Islamic Real, these rhetors confront that discursive landscape through various articulations of Islam, tradition, moderation, civilization, and American identity. While the stability of traditionalism provides them more powerful hegemonic consent, especially for Nasr, it also creates a norm that can reduce agonistic diversity and can discourage robust rhetorical agency. Likewise, civilization rhetorics of “the West” and “the Muslim world” often provide a more cohesive internal reality, but they impede a broader consensual power across divided American realities. For Yusuf and Rauf, in differing ways, the contemporary American Muslim identity is typified by a dynamic liminality that offers an opportunity to reshape both Islam and America, but contemporary challenges also encourage reification of less productive, less deliberative realities. On a disciplinary level, this dissertation takes a necessary step to robustly recognize Muslim rhetorics and helps us further understand the dynamics of rhetoric as consensual agonism.},
	language = {English},
	urldate = {2017-06-01},
	school = {Indiana University},
	author = {Makstenieks, Scott T.},
	year = {2016},
	keywords = {2.DL\&R participant publications, Muslim-American rhetoric, constitutive rhetoric, race, sovereignty},
}

On September 11, 2001, over one billion people quite suddenly became visible. For millions of Americans, that new multitude was a startling schism in the fabric of reality. Quite obviously, the world’s Muslims did not physically come into existence that day. However, Islam was (re)born in America through powerful rhetorics that cast it as a looming, external-internal Other – the barbarians at the gate and inside the walls. Despite recurrent Islamophobic claims about silent complicity, American Muslims have responded to these negative interpellations and have (re)constituted their dual identity as Muslim and American through various rhetorical realities. This dissertation proposes and employs a Gramscian approach, defining rhetoric as the creation of reality through consensual power. Using this critical heuristic, along with an emphasis on agonistic deliberation, I engage the rhetorics of three prominent American Muslim leaders – Dr. Seyyed Hossein Nasr, Sheikh Hamza Yusuf, and Imam Feisal Abdul Rauf, revealing how they accrue consensual power through broad Islamic realities and through specific constructions of American Muslim identity. Bombarded by negative interpellations from hegemonic American rhetorics and disrupted by progressive and reactionary challenges to the hegemonic Islamic Real, these rhetors confront that discursive landscape through various articulations of Islam, tradition, moderation, civilization, and American identity. While the stability of traditionalism provides them more powerful hegemonic consent, especially for Nasr, it also creates a norm that can reduce agonistic diversity and can discourage robust rhetorical agency. Likewise, civilization rhetorics of “the West” and “the Muslim world” often provide a more cohesive internal reality, but they impede a broader consensual power across divided American realities. For Yusuf and Rauf, in differing ways, the contemporary American Muslim identity is typified by a dynamic liminality that offers an opportunity to reshape both Islam and America, but contemporary challenges also encourage reification of less productive, less deliberative realities. On a disciplinary level, this dissertation takes a necessary step to robustly recognize Muslim rhetorics and helps us further understand the dynamics of rhetoric as consensual agonism.

@article{larson_gender/genre:_2016,
	title = {Gender/{Genre}: {The} {Lack} of {Gendered} {Register} in {Texts} {Requiring} {Genre} {Knowledge}},
	volume = {33},
	issn = {0741-0883},
	shorttitle = {Gender/{Genre}},
	url = {http://journals.sagepub.com/doi/abs/10.1177/0741088316667927},
	doi = {10.1177/0741088316667927},
	abstract = {Some studies have found characteristics of written texts that vary with author gender, echoing popular beliefs about essential gender differences that are reinforced in popular works of some scholarly authors. This article reports a study examining texts (N = 193) written in the same genre—a legal memorandum—by women and men with similar training in production of this type of discourse—the first year of U.S. law school—and finds no difference between them on the involved–informational dimension of linguistic register developed by Biber. These findings provide quantitative data opposing essentialist narratives of gender difference in communication. This essay considers relevance theory as a framework for understanding the interaction, exhibited in this and previous studies, of genre knowledge and gendered communicative performances.},
	language = {en},
	number = {4},
	urldate = {2017-06-01},
	journal = {Written Communication},
	author = {Larson, Brian N.},
	month = oct,
	year = {2016},
	keywords = {2.DL\&R participant publications, genre},
	pages = {360--384},
}

Some studies have found characteristics of written texts that vary with author gender, echoing popular beliefs about essential gender differences that are reinforced in popular works of some scholarly authors. This article reports a study examining texts (N = 193) written in the same genre—a legal memorandum—by women and men with similar training in production of this type of discourse—the first year of U.S. law school—and finds no difference between them on the involved–informational dimension of linguistic register developed by Biber. These findings provide quantitative data opposing essentialist narratives of gender difference in communication. This essay considers relevance theory as a framework for understanding the interaction, exhibited in this and previous studies, of genre knowledge and gendered communicative performances.

@book{larson_real_2016,
	edition = {1 edition},
	title = {Real {Estate} {Listings} and {Copyright}},
	isbn = {978-0-692-69337-7},
	abstract = {Who owns the copyrights in the listing photos that real estate salespeople and independent photographers take? Who owns the copyrights in the text and other content in real estate listings? What can listing brokers and multiple listing services do to enhance and protect listing brokers’ rights in their listing-content portfolios? This book provides a comprehensive overview of legal issues relating to copyrights in real estate listings. Brian Larson and Mitchell Skinner, leading attorneys for real estate brokerages, multiple listing services, and REALTOR® associations nationwide, begin with the basics of copyright law applied to the real estate context and then step through all the key issues, including portfolio strategies, registration, and enforcement. This book is a unique and essential resource for anyone working with real estate listing content.},
	language = {English},
	publisher = {Larson Skinner PLLC},
	author = {Larson, Brian N. and Skinner, Mitchell A.},
	month = apr,
	year = {2016},
	keywords = {2.DL\&R participant publications, copyright},
}

Who owns the copyrights in the listing photos that real estate salespeople and independent photographers take? Who owns the copyrights in the text and other content in real estate listings? What can listing brokers and multiple listing services do to enhance and protect listing brokers’ rights in their listing-content portfolios? This book provides a comprehensive overview of legal issues relating to copyrights in real estate listings. Brian Larson and Mitchell Skinner, leading attorneys for real estate brokerages, multiple listing services, and REALTOR® associations nationwide, begin with the basics of copyright law applied to the real estate context and then step through all the key issues, including portfolio strategies, registration, and enforcement. This book is a unique and essential resource for anyone working with real estate listing content.

@article{vats_marking_2016,
	title = {Marking {Disidentification}: {Race}, {Corporeality}, and {Resistance} in {Trademark} {Law}},
	volume = {81},
	issn = {1041-794X},
	shorttitle = {Marking {Disidentification}},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/1041794X.2016.1200128},
	doi = {10.1080/1041794X.2016.1200128},
	abstract = {This essay considers two case studies—Andy Warhol’s Mammy and Marshawn Lynch’s Beast Mode®—through the analytic lens of disidentification in order to theorize how embodied resistance reifies and remakes race and gender identities in trademark law. It develops two subcategories of José Esteban Muñoz’s classic term: prosopopeic disidentification, which gives face and voice to the mythic figure of the mammy; and (de)propertizing disidentification, which refuses white ownership of black bodies while asserting the right of the individual in monetizing corporeal acts. It concludes that disidentification is an important but imperfect means for people of color to intervene in processes of racial formation by reimagining the boundaries of race, gender, and law as well as dominant monopolies on memory and property.},
	number = {4},
	urldate = {2017-06-01},
	journal = {Southern Communication Journal},
	author = {Vats, Anjali},
	month = aug,
	year = {2016},
	keywords = {2.DL\&R participant publications, critical race IP, race, town business, trademark law},
	pages = {237--251},
}

This essay considers two case studies—Andy Warhol’s Mammy and Marshawn Lynch’s Beast Mode®—through the analytic lens of disidentification in order to theorize how embodied resistance reifies and remakes race and gender identities in trademark law. It develops two subcategories of José Esteban Muñoz’s classic term: prosopopeic disidentification, which gives face and voice to the mythic figure of the mammy; and (de)propertizing disidentification, which refuses white ownership of black bodies while asserting the right of the individual in monetizing corporeal acts. It concludes that disidentification is an important but imperfect means for people of color to intervene in processes of racial formation by reimagining the boundaries of race, gender, and law as well as dominant monopolies on memory and property.

@article{collins_sex_2016,
	title = {Sex {Before} the {Law}: {Transgender} {Arguments} under {Title} {VII} and {Shifting} {Stases} of {Sex}},
	issn = {1743-8721},
	shorttitle = {Sex {Before} the {Law}},
	url = {http://journals.sagepub.com/doi/abs/10.1177/1743872116679391},
	doi = {10.1177/1743872116679391},
	abstract = {Until recently, transgender plaintiffs claiming sex discrimination were successful only when the discrimination was argued to be based on the plaintiff’s birth sex. Schroer v. Billington is often mistakenly understood to have been decided based on a more expansive understanding of sexed identity. Here, I call upon stasis theory to highlight how Schroer shifts the focus on sex away from sexed identities to structure, calling attention to how sex as system gives rise to discrimination. In so doing, Schroer ultimately refuses law’s responsibility for the maintenance of sex as system and locates the problem of sex with society.},
	language = {en},
	urldate = {2017-06-01},
	journal = {Law, Culture and the Humanities},
	author = {Collins, Laura J.},
	month = nov,
	year = {2016},
	keywords = {2.DL\&R participant publications, Title VII, judicial rhetorical criticism, legal subjectivity, sex, subjects before the law, trans legal studies},
	pages = {1743872116679391},
}

Until recently, transgender plaintiffs claiming sex discrimination were successful only when the discrimination was argued to be based on the plaintiff’s birth sex. Schroer v. Billington is often mistakenly understood to have been decided based on a more expansive understanding of sexed identity. Here, I call upon stasis theory to highlight how Schroer shifts the focus on sex away from sexed identities to structure, calling attention to how sex as system gives rise to discrimination. In so doing, Schroer ultimately refuses law’s responsibility for the maintenance of sex as system and locates the problem of sex with society.

@article{campbell_hobby_2016,
	title = {Hobby {Lobby}'s {Queer} {Antecedents} ({A} {Tale} of {Two} {RFRAs})},
	volume = {3},
	issn = {2327-1574},
	number = {1},
	journal = {QED: A Journal in GLBTQ Worldmaking},
	author = {Campbell, Peter Odell},
	year = {2016},
	keywords = {2.DL\&R participant publications, race},
	pages = {117--126},
}

@article{bruce_challenging_2016,
	title = {Challenging {National} {Borders} and {Local} {Genre} {Forms}: {Declaration} of {Immigration} as {Volatile} {Cultural} {Text}},
	volume = {6},
	issn = {2150-2552},
	shorttitle = {Challenging {National} {Borders} and {Local} {Genre} {Forms}},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/21502552.2016.1205398},
	doi = {10.1080/21502552.2016.1205398},
	number = {2},
	urldate = {2017-06-01},
	journal = {Public Art Dialogue},
	author = {Bruce, Caitlin Frances},
	month = jul,
	year = {2016},
	keywords = {0.Discussed in Workshop, borders, genre, nation, race, sovereignty, transnational, visual circulation},
	pages = {206--227},
}

@misc{campbell_miserable_2016,
	type = {Blog},
	title = {Miserable {Capacities}},
	url = {http://www.peterodellcampbell.com/post/151057080193/miserable-capacities},
	urldate = {2017-05-31},
	journal = {Argument, Sexuality, Race, \& Cats},
	author = {Campbell, Peter Odell},
	month = sep,
	year = {2016},
	keywords = {0.Discussed in Workshop, 2.DL\&R participant publications, Anthony Kennedy, Fourteenth Amendment, Prison Rape Elimination Act, abolition, consent, due process, feminist legal studies, prison, punishment, queer legal studies, race},
}

@book{hayes_violent_2016,
	title = {Violent {Subjects} and {Rhetorical} {Cartography} in the {Age} of the {Terror} {Wars}},
	isbn = {978-1-137-48098-9},
	abstract = {This work examines violence in the age of the terror wars with an eye toward the technologies of governance that create, facilitate, and circulate that violence. In performing a rhetorical cartography that explores the rise of the US armed drone program as well as moments of resistive violence that occurred during the Arab Spring directed at generating a counter-hegemony by Muslim populations, the author argues that the problem of the global terror wars is best addressed by a rhetorical understanding of the ways that governments, as well as individual subjects, turn to violence as a response to, or product of, the post September 11th terror society. When political examinations of terrorism are facilitated through understandings of discourse, clearer maps emerge of how violence functions to offer mechanisms by which governing bodies, and their subjects, evaluate the success or failure of the “War on Terror.” This book will be of interest to public policymakers and informed general readers as well as students and scholars in the fields of rhetoric, political theory, critical geography, US foreign relations/policy, war and peace studies, and cultural studies.},
	language = {en},
	publisher = {Palgrave Macmillan UK},
	author = {Hayes, Heather Ashley},
	month = jun,
	year = {2016},
	note = {Google-Books-ID: tP7TjgEACAAJ},
	keywords = {0.Discussed in Workshop, international law, legal subjectivity, punishment, race, rhetoric and violence, subjects before the law, terrorism, war},
}

This work examines violence in the age of the terror wars with an eye toward the technologies of governance that create, facilitate, and circulate that violence. In performing a rhetorical cartography that explores the rise of the US armed drone program as well as moments of resistive violence that occurred during the Arab Spring directed at generating a counter-hegemony by Muslim populations, the author argues that the problem of the global terror wars is best addressed by a rhetorical understanding of the ways that governments, as well as individual subjects, turn to violence as a response to, or product of, the post September 11th terror society. When political examinations of terrorism are facilitated through understandings of discourse, clearer maps emerge of how violence functions to offer mechanisms by which governing bodies, and their subjects, evaluate the success or failure of the “War on Terror.” This book will be of interest to public policymakers and informed general readers as well as students and scholars in the fields of rhetoric, political theory, critical geography, US foreign relations/policy, war and peace studies, and cultural studies.

@book{mckinnon_text_2016,
	address = {University Park, Pennsylvania},
	edition = {1 edition},
	title = {Text + {Field}: {Innovations} in {Rhetorical} {Method}},
	isbn = {978-0-271-07210-4},
	shorttitle = {Text + {Field}},
	abstract = {Rhetorical critics have long had a troubled relationship with method, viewing it as at times opening up provocative avenues of inquiry, and at other times as closing off paths toward meaningful engagement with texts. Text + Field shifts scholarly attention from this conflicted history, looking instead to the growing number of scholars who are supplementing text-based scholarship by venturing out into the field, where rhetoric is produced, enacted, and consumed. These field-based practices involve observation, ethnographic interviews, and performance. They are not intended to displace text-based approaches; rather, they expand the idea of method by helping rhetorical scholars arrive at new and complementary answers to long-standing disciplinary questions about text, context, audience, judgment, and ethics. The first volume in rhetoric and communication to directly address the relevance, processes, and implications of using field methods to augment traditional scholarship, Text + Field provides a framework for adapting these new tools to traditional rhetorical inquiry.Aside from the editors, the contributors are Roberta Chevrette, Kathleen M. de Onís, Danielle Endres, Joshua P. Ewalt, Alina Haliliuc, Aaron Hess, Jamie Landau, Michael Middleton, Tiara R. Na’puti, Jessy J. Ohl, Phaedra C. Pezzullo, Damien Smith Pfister, Samantha Senda-Cook, Lisa Silvestri, and Valerie Thatcher.},
	language = {English},
	publisher = {Penn State University Press},
	editor = {McKinnon, Sara L. and Asen, Robert and Chávez, Karma R. and Howard, Robert Glenn},
	month = may,
	year = {2016},
	keywords = {0.Discussed in Workshop, methods},
}

Rhetorical critics have long had a troubled relationship with method, viewing it as at times opening up provocative avenues of inquiry, and at other times as closing off paths toward meaningful engagement with texts. Text + Field shifts scholarly attention from this conflicted history, looking instead to the growing number of scholars who are supplementing text-based scholarship by venturing out into the field, where rhetoric is produced, enacted, and consumed. These field-based practices involve observation, ethnographic interviews, and performance. They are not intended to displace text-based approaches; rather, they expand the idea of method by helping rhetorical scholars arrive at new and complementary answers to long-standing disciplinary questions about text, context, audience, judgment, and ethics. The first volume in rhetoric and communication to directly address the relevance, processes, and implications of using field methods to augment traditional scholarship, Text + Field provides a framework for adapting these new tools to traditional rhetorical inquiry.Aside from the editors, the contributors are Roberta Chevrette, Kathleen M. de Onís, Danielle Endres, Joshua P. Ewalt, Alina Haliliuc, Aaron Hess, Jamie Landau, Michael Middleton, Tiara R. Na’puti, Jessy J. Ohl, Phaedra C. Pezzullo, Damien Smith Pfister, Samantha Senda-Cook, Lisa Silvestri, and Valerie Thatcher.

@book{mootz_law_2016,
	address = {New York and London},
	title = {Law, {Hermeneutics} and {Rhetoric}},
	isbn = {978-1-317-10750-7},
	abstract = {Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.},
	language = {en},
	publisher = {Routledge},
	author = {Mootz, Francis J. III},
	month = apr,
	year = {2016},
	note = {Google-Books-ID: R9YFDAAAQBAJ},
	keywords = {0.Discussed in Workshop, jurisrpudence, legal philosophy, legal rhetorical hermeneutics, rhetoric and law},
}

Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.

@article{flores_between_2016,
	title = {Between abundance and marginalization: the imperative of racial rhetorical criticism},
	volume = {16},
	issn = {2255-4165},
	doi = {10.1080/15358593.2016.1183871},
	number = {1},
	journal = {Review of Communication},
	author = {Flores, Lisa A.},
	year = {2016},
	keywords = {0.Discussed in Workshop, race, rhetoric and race, rhetorical criticism, rhetorical theory},
	pages = {4--24},
}

@article{jewell_old-school_2016,
	title = {Old-{School} {Rhetoric} and {New}-{School} {Cognitive} {Science}: {The} {Enduring} {Power} of {Logocentric} {Categories}},
	volume = {13},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2877346},
	journal = {Legal Communication \& Rhetoric: JALWD},
	author = {Jewell, Lucille A.},
	year = {2016},
	keywords = {3.DL\&R participant paper citations},
	pages = {39--77},
}

@incollection{hartelius_introduction_2016,
	address = {University Park, PA},
	title = {Introduction},
	isbn = {978-0-271-06719-3},
	language = {English},
	booktitle = {The {Rhetorics} of {US} {Immigration}: {Identity}, {Community}, {Otherness}},
	publisher = {Penn State University Press},
	author = {Hartelius, E. Johanna},
	editor = {Hartelius, E. Johanna},
	year = {2016},
	note = {OCLC: 951337476},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, expertise, extra-judicial, immigration, performative, race, social movements},
	pages = {112--132},
}

@incollection{hartelius_american_2016,
	address = {University Park, PA},
	title = {"{American}" {Children}'s {Success} and {Global} {Competitiveness}: {The} {Racial} {Paradox} of {Bilingualism} as {Cultural} {Capital}},
	isbn = {978-0-271-06719-3},
	language = {English},
	booktitle = {The {Rhetorics} of {US} {Immigration}: {Identity}, {Community}, {Otherness}},
	publisher = {Penn State University Press},
	author = {Gavrilos, Dina},
	editor = {Hartelius, E. Johanna},
	year = {2016},
	note = {OCLC: 951337476},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, education, race},
	pages = {112--132},
}

@incollection{hartelius_protecting_2016,
	address = {University Park, PA},
	title = {Protecting {LGBT} {Migrants}: {Denationalizing} {Immigration} {Policy} in the 2013 {Pastoral} {Letter} on {Migration}},
	isbn = {978-0-271-06719-3},
	language = {English},
	booktitle = {The {Rhetorics} of {US} {Immigration}: {Identity}, {Community}, {Otherness}},
	publisher = {Penn State University Press},
	author = {Chávez, Karma R.},
	editor = {Hartelius, E. Johanna},
	year = {2016},
	note = {OCLC: 951337476},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, abolition, anarchy, extra-judicial, immigration, legislation, policy, queer legal studies, queer of color, race},
	pages = {70--90},
}

@article{vats_disowning_2016,
	title = {({Dis})owning {Bikram}: {Decolonizing} vernacular and dewesternizing restructuring in the yoga wars},
	volume = {13},
	issn = {1479-1420},
	shorttitle = {({Dis})owning {Bikram}},
	url = {http://dx.doi.org/10.1080/14791420.2016.1151536},
	doi = {10.1080/14791420.2016.1151536},
	abstract = {Undertaking analysis in the area of critical yoga studies, this article identifies two strategies of anticolonial resistance to Bikram Choudhury's copyrighting of a sequence of twenty-six yoga poses. First, it examines decolonial vernacular, which contests Western commodification of yoga through the use and misuse of terms and phrases, such as “yoga piracy” and “cultural patents,” derived from intellectual property rights, international human rights, and cultural property regimes. Second, it considers dewesternizing restructuring emerging from the creation of the Traditional Knowledge Digital Library, a database of information on yogic practice and medicine, which uses non-Western classification systems to interrupt the legal and economic structures through which patents and copyrights are enunciated. Together, these anticolonial strategies force intellectual property rights regimes to integrate Otherness, making space for the recognition of Indian agency in knowledge production.},
	number = {4},
	urldate = {2017-03-26},
	journal = {Communication and Critical/Cultural Studies},
	author = {Vats, Anjali},
	month = oct,
	year = {2016},
	keywords = {0.Discussed in Workshop, 2.DL\&R participant publications, 5.DL\&R workshop syllabus readings, Yoga, critical race IP, critical rhetorics of race, decoloniality, dewesternization, intellectual property, race, rhetoric, transnational rhetoric},
	pages = {325--345},
}

Undertaking analysis in the area of critical yoga studies, this article identifies two strategies of anticolonial resistance to Bikram Choudhury's copyrighting of a sequence of twenty-six yoga poses. First, it examines decolonial vernacular, which contests Western commodification of yoga through the use and misuse of terms and phrases, such as “yoga piracy” and “cultural patents,” derived from intellectual property rights, international human rights, and cultural property regimes. Second, it considers dewesternizing restructuring emerging from the creation of the Traditional Knowledge Digital Library, a database of information on yogic practice and medicine, which uses non-Western classification systems to interrupt the legal and economic structures through which patents and copyrights are enunciated. Together, these anticolonial strategies force intellectual property rights regimes to integrate Otherness, making space for the recognition of Indian agency in knowledge production.

@article{vicaro_deconstitutive_2016,
	title = {Deconstitutive rhetoric: {The} destruction of legal personhood in the {Global} {War} on {Terrorism}},
	volume = {102},
	issn = {0033-5630},
	shorttitle = {Deconstitutive rhetoric},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/full/10.1080/00335630.2016.1209547},
	doi = {10.1080/00335630.2016.1209547},
	abstract = {This essay examines a set of memoranda, speeches, and other official discourse issued during the Global War on Terrorism that transformed the legal paradigm under which the enemy was defined and authorized new norms of conduct previously prohibited by law. It argues that these texts employ “deconstitutive rhetoric,” defined as discursive action that undermines the existing legal status of those to whom it refers and produces a disarticulate, destitute subject by denying the individual access to the civic forums in which rhetorical agency may be exercised. The essay begins with an analysis of the use of deconstitutive rhetoric in the decision to legally re-define Afghanistan as a “failed state” in order to absolve the United States of treaty obligations with that nation. It then addresses the emergence of “unlawful enemy combatant status,” a new legal category not recognized under the international laws of war. The essay concludes with a discussion the Obama administration’s detention and drone strike policies, which have continued to use deconstitutive rhetoric to undermine the legal status of those captured and killed in the Global War on Terrorism.},
	number = {4},
	urldate = {2016-12-26},
	journal = {Quarterly Journal of Speech},
	author = {Vicaro, Michael Paul},
	month = oct,
	year = {2016},
	keywords = {0.Discussed in Workshop, Fifth Amendment, Fourteenth Amendment, Fourth Amendment, constitutive rhetoric, due process, extra-judicial, race, sovereignty},
	pages = {333--352},
}

This essay examines a set of memoranda, speeches, and other official discourse issued during the Global War on Terrorism that transformed the legal paradigm under which the enemy was defined and authorized new norms of conduct previously prohibited by law. It argues that these texts employ “deconstitutive rhetoric,” defined as discursive action that undermines the existing legal status of those to whom it refers and produces a disarticulate, destitute subject by denying the individual access to the civic forums in which rhetorical agency may be exercised. The essay begins with an analysis of the use of deconstitutive rhetoric in the decision to legally re-define Afghanistan as a “failed state” in order to absolve the United States of treaty obligations with that nation. It then addresses the emergence of “unlawful enemy combatant status,” a new legal category not recognized under the international laws of war. The essay concludes with a discussion the Obama administration’s detention and drone strike policies, which have continued to use deconstitutive rhetoric to undermine the legal status of those captured and killed in the Global War on Terrorism.

@article{craig_visual_2016,
	title = {Visual {Profiling} as {Biopolitics}: {Or}, {Notes} on {Policing} in {Post}-{Racial} \#{AmeriKKKa}},
	volume = {16},
	issn = {1532-7086},
	shorttitle = {Visual {Profiling} as {Biopolitics}},
	url = {http://journals.sagepub.com/doi/abs/10.1177/1532708616634775},
	doi = {10.1177/1532708616634775},
	abstract = {This essay examines the crisis of American policing through a close reading and critique of the visual rhetoric that circulated in the aftermath of Michael Brown’s untimely death in Ferguson, Missouri. By drawing on recent work in visual and media criticism, Black Studies, and Foucault, we analyze and critique what we call “vernacular visuality” as a site in the unfolding politics of racial representation. Because practices of policing cannot be divided from visual culture and the politics of representation, we argue that the vernacular visuality of race can deepen our understanding of late capitalist policing because it illustrates how the racial logics of late capitalism operationalize it as a mode of biopolitical intervention on the racialized body.},
	language = {en},
	number = {3},
	urldate = {2017-03-26},
	journal = {Cultural Studies ↔ Critical Methodologies},
	author = {Craig, Byron B and Rahko, Stephen E.},
	month = jun,
	year = {2016},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, CRT, biopower, critical race rhetoric, policing, post-racial, punishment, race, social movements, sovereignty, visual rhetoric},
	pages = {287--295},
}

This essay examines the crisis of American policing through a close reading and critique of the visual rhetoric that circulated in the aftermath of Michael Brown’s untimely death in Ferguson, Missouri. By drawing on recent work in visual and media criticism, Black Studies, and Foucault, we analyze and critique what we call “vernacular visuality” as a site in the unfolding politics of racial representation. Because practices of policing cannot be divided from visual culture and the politics of representation, we argue that the vernacular visuality of race can deepen our understanding of late capitalist policing because it illustrates how the racial logics of late capitalism operationalize it as a mode of biopolitical intervention on the racialized body.

@article{amsden_rhetorical_2016,
	title = {Rhetorical interventions in the law: {Interpreting} “{I} ♥ {Boobies}!”},
	volume = {50},
	issn = {2168-9725},
	shorttitle = {Rhetorical interventions in the law},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/21689725.2016.1152907},
	doi = {10.1080/21689725.2016.1152907},
	abstract = {In 2013, the Third Circuit Court of Appeals ruled that a group of students were within their constitutional rights to wear breast cancer awareness bracelets that read: “I ♥ Boobies!” The majority opinion in B.H. and K.M. v. Easton Area School District called on judges to determine whether a student’s speech was “plainly” or “ambiguously” lewd, and also whether it could “plausibly be interpreted as commenting on political or social issues.” Cases like B.H. provide an excellent opportunity for rhetorical scholars to engage the law—asserting their expertise in the methods of interpretation germane to vernacular persuasive discourses.},
	number = {1},
	urldate = {2017-03-26},
	journal = {First Amendment Studies},
	author = {Amsden, Brian},
	month = jan,
	year = {2016},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, Legal rhetoric, first amendment, judicial decisionmaking, judicial rhetorical criticism, legal professionalism},
	pages = {1--13},
}

In 2013, the Third Circuit Court of Appeals ruled that a group of students were within their constitutional rights to wear breast cancer awareness bracelets that read: “I ♥ Boobies!” The majority opinion in B.H. and K.M. v. Easton Area School District called on judges to determine whether a student’s speech was “plainly” or “ambiguously” lewd, and also whether it could “plausibly be interpreted as commenting on political or social issues.” Cases like B.H. provide an excellent opportunity for rhetorical scholars to engage the law—asserting their expertise in the methods of interpretation germane to vernacular persuasive discourses.

@techreport{davis_law_2015,
	address = {Deland, FL},
	title = {Law and {Rhetoric} {Bibliography}: {Selected} {Readings} and {Resources}},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2555707},
	number = {2015-4},
	institution = {Stetson University},
	author = {Davis, Kirsten K. and Oseid, Julie A. and Tiscione, Kristen Konrad},
	year = {2015},
	keywords = {2.DL\&R participant publications},
	pages = {4},
}

@book{spade_normal_2015,
	address = {Durham},
	title = {Normal life: administrative violence, critical trans politics, and the limits of law},
	isbn = {978-0-8223-5989-0 978-0-8223-6040-7 978-0-8223-7479-4},
	shorttitle = {Normal life},
	publisher = {Duke University Press},
	author = {Spade, Dean},
	year = {2015},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants, abolition, administration, antidiscrimination law, queer of color, race, trans legal studies},
}

@article{franz_will_2015,
	title = {Will to love, will to fear: the emotional politics of illegality and citizenship in the campaign against birthright citizenship in the {US}},
	volume = {21},
	issn = {1350-4630},
	shorttitle = {Will to love, will to fear},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/13504630.2015.1041016},
	doi = {10.1080/13504630.2015.1041016},
	abstract = {Anti-immigration activists argue that the broad inclusivity of the birthright citizenship clause of the 14th Amendment is a national security concern that enables criminalized migrant mothers to give birth to citizens who can later harm the US through violence and resource consumption. Seeing this argument as representative of the problem of inclusivity inherent to citizenship in a liberal democracy, this essay asks how the children of undocumented and temporary migrants are constructed as what Mae Ngai calls ‘alien citizens.’ Drawing from Sara Ahmed's affective economy of emotion, I find that affect and emotion figure prominently in how citizens are made ‘alien.’ Specifically love and fear function as pivot points in the anti-birthright citizenship argument, wherein the ‘real citizen’ is ‘willed’ to love and be loved by the nation and to fear the nation's Others. Moreover, the emphasis on national feelings does not evacuate white supremacy or heteronormativity from its imagination of citizenship, but instead displaces these loci of power into feeling and affect. Thus, this essay claims that the birthright citizenship argument illustrates how national love and fear work in tandem to uphold, naturalize, and expand the racial and sexual exclusions inherent to citizenship in a nation-state.},
	number = {2},
	urldate = {2017-06-01},
	journal = {Social Identities},
	author = {Franz, Margaret},
	month = mar,
	year = {2015},
	keywords = {2.DL\&R participant publications, citizenship, law and affect, naturalization, race},
	pages = {184--198},
}

Anti-immigration activists argue that the broad inclusivity of the birthright citizenship clause of the 14th Amendment is a national security concern that enables criminalized migrant mothers to give birth to citizens who can later harm the US through violence and resource consumption. Seeing this argument as representative of the problem of inclusivity inherent to citizenship in a liberal democracy, this essay asks how the children of undocumented and temporary migrants are constructed as what Mae Ngai calls ‘alien citizens.’ Drawing from Sara Ahmed's affective economy of emotion, I find that affect and emotion figure prominently in how citizens are made ‘alien.’ Specifically love and fear function as pivot points in the anti-birthright citizenship argument, wherein the ‘real citizen’ is ‘willed’ to love and be loved by the nation and to fear the nation's Others. Moreover, the emphasis on national feelings does not evacuate white supremacy or heteronormativity from its imagination of citizenship, but instead displaces these loci of power into feeling and affect. Thus, this essay claims that the birthright citizenship argument illustrates how national love and fear work in tandem to uphold, naturalize, and expand the racial and sexual exclusions inherent to citizenship in a nation-state.

@misc{noauthor_grady_2015,
	title = {Grady v. {North} {Carolina}},
	volume = {135},
	month = mar,
	year = {2015},
	keywords = {0.Discussed in Workshop, Fourteenth Amendment, Fourth Amendment, Grady v. North Carolina, SCOTUS, abolition, consent, due process, prison, privacy, race, sexual assault, sexual punishment},
	pages = {1368},
}

@book{hasinoff_sexting_2015,
	address = {Urbana},
	series = {Feminist media studies},
	title = {Sexting panic: rethinking criminalization, privacy, and consent},
	isbn = {978-0-252-03898-3 978-0-252-08062-3},
	shorttitle = {Sexting panic},
	abstract = {"Sexting Panic illustrates how anxieties about technology and teen girls' sexuality distract from critical questions about how to adapt norms of privacy and consent for new media. Though mobile phones can be used to cause harm, Amy Adele Hasinoff notes that criminalization and abstinence policies meant to curb sexting often fail to account for the distinction between consensual sharing and the malicious distribution of a private image. Hasinoff challenges the idea that sexting inevitably victimizes young women. Instead, she encourages us to recognize young people's capacity for choice and recommends responses to sexting that are realistic and nuanced rather than based on misplaced fears about deviance, sexuality, and digital media"--Publisher description},
	publisher = {University of Illinois Press},
	author = {Hasinoff, Amy Adele},
	year = {2015},
	note = {OCLC: ocn893454448},
	keywords = {0.Discussed in Workshop, Sexting, consent, digital, feminist legal studies, law and children, law and media, privacy, punishment},
}

"Sexting Panic illustrates how anxieties about technology and teen girls' sexuality distract from critical questions about how to adapt norms of privacy and consent for new media. Though mobile phones can be used to cause harm, Amy Adele Hasinoff notes that criminalization and abstinence policies meant to curb sexting often fail to account for the distinction between consensual sharing and the malicious distribution of a private image. Hasinoff challenges the idea that sexting inevitably victimizes young women. Instead, she encourages us to recognize young people's capacity for choice and recommends responses to sexting that are realistic and nuanced rather than based on misplaced fears about deviance, sexuality, and digital media"–Publisher description

@misc{noauthor_johnston_2015,
	title = {Johnston v. {Univ}. of {Pittsburgh} of {Com}. {System}},
	volume = {97},
	month = mar,
	year = {2015},
	note = {mlzsync1:0064\{"type":"case","extrafields":\{"jurisdiction":"WD Pennsylvania"\}\}},
	keywords = {0.Discussed in Workshop, Fourteenth Amendment, Title IX, W.D. Pa., equal protection, institutional policy, judicial rhetoric, quasi-judicial, torts, trans legal studies},
	pages = {657},
}

@misc{noauthor_re_2015,
	title = {In re {Tam}},
	volume = {808},
	month = dec,
	year = {2015},
	keywords = {0.Discussed in Workshop, Civil Rights Act, Fed. Cir., In re Tam, critical race IP, hate speech, patents, race},
	pages = {1321},
}

@book{berrey_enigma_2015,
	title = {The {Enigma} of {Diversity}: {The} {Language} of {Race} and the {Limits} of {Racial} {Justice}},
	isbn = {978-0-226-24637-6},
	shorttitle = {The {Enigma} of {Diversity}},
	abstract = {Diversity these days is a hallowed American value, widely shared and honored. That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it?  Ellen Berrey digs deep into those questions in The Enigma of Diversity. Drawing on six years of fieldwork and historical sources dating back to the 1950s and making extensive use of three case studies from widely varying arenas—housing redevelopment in Chicago’s Rogers Park neighborhood, affirmative action in the University of Michigan’s admissions program, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences.  Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.},
	language = {en},
	publisher = {University of Chicago Press},
	author = {Berrey, Ellen},
	month = may,
	year = {2015},
	note = {Google-Books-ID: ImjtBwAAQBAJ},
	keywords = {0.Discussed in Workshop, 4.Watts Keynote sources, Fourteenth Amendment, Watts RSA 2017 keynote, affirmative action, color-blind, diversity, multiracial, post-racial, race},
}

Diversity these days is a hallowed American value, widely shared and honored. That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it? Ellen Berrey digs deep into those questions in The Enigma of Diversity. Drawing on six years of fieldwork and historical sources dating back to the 1950s and making extensive use of three case studies from widely varying arenas—housing redevelopment in Chicago’s Rogers Park neighborhood, affirmative action in the University of Michigan’s admissions program, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences. Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.

@book{swingen_competing_2015,
	title = {Competing {Visions} of {Empire}: {Labor}, {Slavery}, and the {Origins} of the {British} {Atlantic} {Empire}},
	isbn = {978-0-300-18944-5},
	shorttitle = {Competing {Visions} of {Empire}},
	abstract = {Abigail L. Swingen’s insightful study provides a new framework for understanding the origins of the British Empire while exploring how England’s original imperial designs influenced contemporary English politics and debates about labor, economy, and overseas trade. Focusing on the ideological connections between the growth of unfree labor in the English colonies, particularly the use of enslaved Africans, and the development of British imperialism during the early modern period, the author examines the overlapping, often competing agendas of planters, merchants, privateers, colonial officials, and imperial authorities in the seventeenth and eighteenth centuries.},
	language = {en},
	publisher = {Yale University Press},
	author = {Swingen, Abigail L.},
	month = feb,
	year = {2015},
	note = {Google-Books-ID: nFFuBgAAQBAJ},
	keywords = {0.Discussed in Workshop, 4.Watts Keynote sources, Watts RSA 2017 keynote, colonialism, constitutive rhetoric, empire, labor, race, slavery},
}

Abigail L. Swingen’s insightful study provides a new framework for understanding the origins of the British Empire while exploring how England’s original imperial designs influenced contemporary English politics and debates about labor, economy, and overseas trade. Focusing on the ideological connections between the growth of unfree labor in the English colonies, particularly the use of enslaved Africans, and the development of British imperialism during the early modern period, the author examines the overlapping, often competing agendas of planters, merchants, privateers, colonial officials, and imperial authorities in the seventeenth and eighteenth centuries.

@book{daut_tropics_2015,
	address = {Liverpool},
	edition = {1 edition},
	title = {Tropics of {Haiti}: {Race} and the {Literary} {History} of the {Haitian} {Revolution} in the {Atlantic} {World}, 1789-1865},
	isbn = {978-1-78138-185-4},
	shorttitle = {Tropics of {Haiti}},
	abstract = {The Haitian Revolution (1791-1804) was an event of monumental world-historical significance, and here, in the first systematic literary history of those events, Haiti's war of independence is examined through the eyes of its actual and imagined participants, observers, survivors, and cultural descendants. The 'transatlantic print culture' under discussion in this literary history reveals that enlightenment racial 'science' was the primary vehicle through which the Haitian Revolution was interpreted by nineteenth-century Haitians, Europeans, and U.S. Americans alike. Through its author's contention that the Haitian revolutionary wars were incessantly racialized by four constantly recurring tropes - the 'monstrous hybrid', the 'tropical temptress', the 'tragic mulatto/a', and the 'colored historian' - Tropics of Haiti shows the ways in which the nineteenth-century tendency to understand Haiti's revolution in primarily racial terms has affected present day demonizations of Haiti and Haitians. In the end, this new archive of Haitian revolutionary writing, much of which has until now remained unknown to the contemporary reading public, invites us to examine how nineteenth-century attempts to paint Haitian independence as the result of a racial revolution coincide with present-day desires to render insignificant and 'unthinkable' the second independent republic of the New World.},
	language = {English},
	publisher = {Liverpool University Press},
	author = {Daut, Marlene L.},
	month = sep,
	year = {2015},
	keywords = {0.Discussed in Workshop, 4.Watts Keynote sources, Watts RSA 2017 keynote, law and literature, race, revolution},
}

The Haitian Revolution (1791-1804) was an event of monumental world-historical significance, and here, in the first systematic literary history of those events, Haiti's war of independence is examined through the eyes of its actual and imagined participants, observers, survivors, and cultural descendants. The 'transatlantic print culture' under discussion in this literary history reveals that enlightenment racial 'science' was the primary vehicle through which the Haitian Revolution was interpreted by nineteenth-century Haitians, Europeans, and U.S. Americans alike. Through its author's contention that the Haitian revolutionary wars were incessantly racialized by four constantly recurring tropes - the 'monstrous hybrid', the 'tropical temptress', the 'tragic mulatto/a', and the 'colored historian' - Tropics of Haiti shows the ways in which the nineteenth-century tendency to understand Haiti's revolution in primarily racial terms has affected present day demonizations of Haiti and Haitians. In the end, this new archive of Haitian revolutionary writing, much of which has until now remained unknown to the contemporary reading public, invites us to examine how nineteenth-century attempts to paint Haitian independence as the result of a racial revolution coincide with present-day desires to render insignificant and 'unthinkable' the second independent republic of the New World.

@article{rand_fear_2015,
	title = {Fear the {Frill}: {Ruth} {Bader} {Ginsburg} and the {Uncertain} {Futurity} of {Feminist} {Judicial} {Dissent}},
	volume = {101},
	issn = {0033-5630},
	shorttitle = {Fear the {Frill}},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/00335630.2015.994898},
	doi = {10.1080/00335630.2015.994898},
	number = {1},
	urldate = {2015-07-24},
	journal = {Quarterly Journal of Speech},
	author = {Rand, Erin J.},
	month = jan,
	year = {2015},
	keywords = {0.Discussed in Workshop, 2.DL\&R participant publications, Legal rhetoric, dissent, judicial genre, law in society, rhetorical criticism, social movements},
	pages = {72--84},
}

@incollection{campbell_trans-exclusive_2015,
	address = {Lanham, MA},
	title = {The {Trans}-{Exclusive} {Archives} of {U}.{S}. {Capital} {Punishment} {Rhetoric}},
	booktitle = {Transgender {Communication} {Studies}: {Histories}, {Trends}, and {Trajectories}},
	publisher = {Lexington Books},
	author = {Campbell, Peter Odell and Holding, Cory},
	editor = {Spencer, Leland G. and Capuzza, Jamie C.},
	year = {2015},
	keywords = {0.Discussed in Workshop, 2.DL\&R participant publications, abolition, accidental death penalty, antinormativity, collocation, de facto death penalty, death penalty, prison, punishment, quasi-judicial, race, trans legal studies, trans rhetorical legal studies, trans rhetorical studies, women and the death penalty},
	pages = {199--216},
}

@article{pham_our_2015,
	title = {Our {Foreign} {President} {Barack} {Obama}: {The} {Racial} {Logics} of {Birther} {Discourses}},
	volume = {8},
	issn = {1751-3057},
	doi = {10.1080/ 17513057.2015.1025327},
	abstract = {This essay centers race in taking serious an often-dismissed movement, the Birthers, who question Barack Obama's citizenship and deem him as an illegitimate president. Through a historical and relational lens, I argue that the Birther rhetoric of constitutional protection relies on racial logics used in previous discourses about
foreignness to delineate acceptable citizenship for the presidency and mark Obama as untrustworthy. By analyzing the Birthers.org website and two Birther movement associated media figures, Orly Taitz and Donald Trump, Birther discourses manipulate rationality, reinforce a White racial state, and activate anxieties over an increasingly multi-racial and global society.},
	number = {2},
	journal = {Journal of International and Intercultural Communication},
	author = {Pham, Vincent N.},
	month = may,
	year = {2015},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, Asian American, critical race rhetoric, fragmentation, nationality, public address, race, racial triangulation, soveriegnty},
	pages = {86--107},
}

This essay centers race in taking serious an often-dismissed movement, the Birthers, who question Barack Obama's citizenship and deem him as an illegitimate president. Through a historical and relational lens, I argue that the Birther rhetoric of constitutional protection relies on racial logics used in previous discourses about foreignness to delineate acceptable citizenship for the presidency and mark Obama as untrustworthy. By analyzing the Birthers.org website and two Birther movement associated media figures, Orly Taitz and Donald Trump, Birther discourses manipulate rationality, reinforce a White racial state, and activate anxieties over an increasingly multi-racial and global society.

@book{west_transforming_2014,
	address = {New York, London},
	title = {Transforming citizenships: transgender articulations of the law},
	isbn = {978-1-4798-3214-9 978-1-4798-1892-1},
	shorttitle = {Transforming citizenships},
	abstract = {"Transforming Citizenships engages the performativity of citizenship as it relates to transgender individuals and advocacy groups. Instead of reading the law as a set of self-executing discourses, Isaac West takes up transgender rights claims as performative productions of complex legal subjectivities capable of queering accepted understandings of genders, sexualities, and the normative forces of the law. Drawing on an expansive archive, from the correspondence of a transwoman arrested for using a public bathroom in Los Angeles in 1954 to contemporary lobbying efforts of national transgender advocacy organizations, West advances a rethinking of law as capacious rhetorics of citizenship, justice, equality, and freedom. When approached from this perspective, citizenship can be recuperated from its status as the bad object of queer politics to better understand how legal discourses open up sites for identification across identity categories and enable political activities that escape the analytics of heteronormativity and homonationalism. Isaac West is Assistant Professor in the Departments of Communication Studies and Gender, Women's, and Sexuality Studies at the University of Iowa"--},
	publisher = {New York University Press},
	author = {West, Isaac},
	year = {2014},
	keywords = {0.Discussed in Workshop, anti-antinormativity, antinormativity, extra-legal, performance, quasi-judicial, social movements, trans legal studies},
}

"Transforming Citizenships engages the performativity of citizenship as it relates to transgender individuals and advocacy groups. Instead of reading the law as a set of self-executing discourses, Isaac West takes up transgender rights claims as performative productions of complex legal subjectivities capable of queering accepted understandings of genders, sexualities, and the normative forces of the law. Drawing on an expansive archive, from the correspondence of a transwoman arrested for using a public bathroom in Los Angeles in 1954 to contemporary lobbying efforts of national transgender advocacy organizations, West advances a rethinking of law as capacious rhetorics of citizenship, justice, equality, and freedom. When approached from this perspective, citizenship can be recuperated from its status as the bad object of queer politics to better understand how legal discourses open up sites for identification across identity categories and enable political activities that escape the analytics of heteronormativity and homonationalism. Isaac West is Assistant Professor in the Departments of Communication Studies and Gender, Women's, and Sexuality Studies at the University of Iowa"–

@book{rand_reclaiming_2014,
	address = {Tuscaloosa},
	series = {Rhetoric, culture, and social critique},
	title = {Reclaiming queer: activist \& academic rhetorics of resistance},
	isbn = {978-0-8173-1828-4},
	shorttitle = {Reclaiming queer},
	publisher = {The University of Alabama Press},
	author = {Rand, Erin J.},
	year = {2014},
	keywords = {2.DL\&R participant publications, Queer theory, activism, extra-judicial, race, radicalism, resistance, revolution},
}

@article{opel_self-representation_2014,
	title = {Self-representation in literary fandom: {Women}'s leisure reader selfies as postfeminist performance},
	volume = {18},
	copyright = {Copyright (c) 2015 Transformative Works and Cultures},
	issn = {ISSN 1941-2258},
	shorttitle = {Self-representation in literary fandom},
	url = {http://journal.transformativeworks.org/index.php/twc/article/view/607},
	doi = {10.3983/twc.2015.0607},
	abstract = {In social media communities dedicated to women's leisure reading and literary fandom, images of women engaged in the act of reading circulate prominently. These images—created and uploaded to fan sites by the fans themselves—have recurring characteristics: the woman often holds a leather-bound book, wears romanticized, neo-Victorian dress, and has exaggeratedly feminine, sexualized features. These representations are not of actual members of the community but rather fictive, collected, circulated, and commented upon in a communal act of identity construction. This gendered visual representation of the literate self provides a performance of a double movement in postfeminist culture: a broadcasting of discourses that is empowering (participatory digital cultural production around literature) and yet promotes a cultural context for reinforcement of conventional gender norms. To demonstrate this double movement, I utilize a case study of these self-representational fan images, collected over a year on a Facebook group page for fans of 19th-century British literature and filmic adaptations. These images and their circulation are then analyzed via a two-pronged double movement theoretical framework. First, feminist media scholarship helps explain the empowering aspects of the new media creation of the reader selfie. Second, gender performance uncovers how these repeated sexualized images of women readers reentrench conventional, hyperfeminine, and sexualized gender roles. Double movement takes place in contemporary women leisure readers' lives, and the media-led postfeminist cultural movement offers a depoliticized, self-indulgent path toward youth and beauty at the expense of institutional or social change.},
	language = {en},
	number = {0},
	urldate = {2017-06-01},
	journal = {Transformative Works and Cultures},
	author = {Opel, Dawn S.},
	month = aug,
	year = {2014},
	keywords = {2.DL\&R participant publications},
}

In social media communities dedicated to women's leisure reading and literary fandom, images of women engaged in the act of reading circulate prominently. These images—created and uploaded to fan sites by the fans themselves—have recurring characteristics: the woman often holds a leather-bound book, wears romanticized, neo-Victorian dress, and has exaggeratedly feminine, sexualized features. These representations are not of actual members of the community but rather fictive, collected, circulated, and commented upon in a communal act of identity construction. This gendered visual representation of the literate self provides a performance of a double movement in postfeminist culture: a broadcasting of discourses that is empowering (participatory digital cultural production around literature) and yet promotes a cultural context for reinforcement of conventional gender norms. To demonstrate this double movement, I utilize a case study of these self-representational fan images, collected over a year on a Facebook group page for fans of 19th-century British literature and filmic adaptations. These images and their circulation are then analyzed via a two-pronged double movement theoretical framework. First, feminist media scholarship helps explain the empowering aspects of the new media creation of the reader selfie. Second, gender performance uncovers how these repeated sexualized images of women readers reentrench conventional, hyperfeminine, and sexualized gender roles. Double movement takes place in contemporary women leisure readers' lives, and the media-led postfeminist cultural movement offers a depoliticized, self-indulgent path toward youth and beauty at the expense of institutional or social change.

@book{constable_our_2014,
	address = {Stanford, Calif},
	edition = {1 edition},
	title = {Our {Word} {Is} {Our} {Bond}: {How} {Legal} {Speech} {Acts}},
	isbn = {978-0-8047-7494-9},
	shorttitle = {Our {Word} {Is} {Our} {Bond}},
	abstract = {Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong. When speech goes wrong, law often steps in as itself a speech act or series of speech acts. Our Word Is Our Bond offers a nuanced approach to language and its interaction and relations with modern law. Marianne Constable argues that, as language, modern law makes claims and hears claims of justice and injustice, which can admittedly go wrong. Constable proposes an alternative to understanding law as a system of rules, or as fundamentally a policy-making and problem-solving tool. Constable introduces and develops insights from Austin, Cavell, Reinach, Nietzsche, Derrida and Heidegger to show how claims of law are performative and passionate utterances or social acts that appeal implicitly to justice.  Our Word Is Our Bond explains that neither law nor justice are what lawyers and judges say, nor what officials and scholars claim they are. However inadequate our law and language may be to the world, Constable argues that we know our world and name our ways of living and being in it through law and language. Justice today, however impossible to define and difficult to determine, depends on relations we have with one another through language and on the ways in which legal speech―the claims and responses that we make to one another in the name of the law―acts.},
	language = {English},
	publisher = {Stanford Law Books},
	author = {Constable, Marianne},
	month = jun,
	year = {2014},
	keywords = {0.Discussed in Workshop, judicial rhetoric, law and society, performative, rhetoric of law},
}

Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong. When speech goes wrong, law often steps in as itself a speech act or series of speech acts. Our Word Is Our Bond offers a nuanced approach to language and its interaction and relations with modern law. Marianne Constable argues that, as language, modern law makes claims and hears claims of justice and injustice, which can admittedly go wrong. Constable proposes an alternative to understanding law as a system of rules, or as fundamentally a policy-making and problem-solving tool. Constable introduces and develops insights from Austin, Cavell, Reinach, Nietzsche, Derrida and Heidegger to show how claims of law are performative and passionate utterances or social acts that appeal implicitly to justice. Our Word Is Our Bond explains that neither law nor justice are what lawyers and judges say, nor what officials and scholars claim they are. However inadequate our law and language may be to the world, Constable argues that we know our world and name our ways of living and being in it through law and language. Justice today, however impossible to define and difficult to determine, depends on relations we have with one another through language and on the ways in which legal speech―the claims and responses that we make to one another in the name of the law―acts.

@article{rand_queer_2013,
	title = {Queer {Critical} {Rhetoric} {Bites} {Back}},
	volume = {77},
	issn = {10570314},
	url = {http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,uid&db=ufh&AN=89946497&scope=site},
	doi = {10.1080/10570314.2013.799285},
	abstract = {Queer critical rhetoric queers rhetorical theory, disrupting easy delineations of theory, criticism, and the archive. Privileging the unpredictable innovation of queer movement, queer critical rhetoric builds upon rhetorical traditions even as it challenges the normative logics by which the rhetorical canon is assembled, preserved, and deployed.},
	number = {5},
	urldate = {2017-06-01},
	journal = {Western Journal of Communication},
	author = {Rand, Erin J.},
	month = oct,
	year = {2013},
	keywords = {2.DL\&R participant publications, archive, queer rhetoric, queer theory},
	pages = {533--537},
}

Queer critical rhetoric queers rhetorical theory, disrupting easy delineations of theory, criticism, and the archive. Privileging the unpredictable innovation of queer movement, queer critical rhetoric builds upon rhetorical traditions even as it challenges the normative logics by which the rhetorical canon is assembled, preserved, and deployed.

@techreport{davis_reports_2013,
	address = {Rochester, NY},
	type = {{SSRN} {Scholarly} {Paper}},
	title = {'{The} {Reports} of {My} {Death} are {Greatly} {Exaggerated}': {Reading} and {Writing} {Objective} {Legal} {Memoranda} in a {Mobile} {Computing} {Age}},
	shorttitle = {'{The} {Reports} of {My} {Death} are {Greatly} {Exaggerated}'},
	url = {https://papers.ssrn.com/abstract=2281252},
	abstract = {Is there any reason for lawyers to write legal memoranda, particularly when some lawyers report that they no longer value the “traditional” legal memo? Does the},
	number = {ID 2281252},
	urldate = {2017-06-01},
	institution = {Social Science Research Network},
	author = {Davis, Kirsten K.},
	month = jun,
	year = {2013},
	keywords = {2.DL\&R participant publications, Legal Ethics, Legal Memorandum, Legal Writing},
}

Is there any reason for lawyers to write legal memoranda, particularly when some lawyers report that they no longer value the “traditional” legal memo? Does the

@article{atkinson_racial_2013,
	title = {Racial {Politics} in an {Online} {Community}: {Discursive} {Closures} and the {Potentials} for {Narrative} {Appropriation}},
	volume = {37},
	issn = {0196-8599},
	shorttitle = {Racial {Politics} in an {Online} {Community}},
	url = {http://journals.sagepub.com/doi/abs/10.1177/0196859913482139},
	doi = {10.1177/0196859913482139},
	abstract = {The following essay explores the racial politics within an online community focused on the city of Detroit. Past research has demonstrated that the intertextual strategies utilized by the DetroitYES! community have built an alternative cityscape that changes the way people interact with the physical environment. In our research we engaged in a qualitative content analysis of different threads on the discussion forum, and we interviewed members of the community to illustrate racial politics in this virtual site. Our research illustrated administrative strategies utilized within the community that closed down discourse about race. On the surface, these appeared to be authoritarian strategies that maintained White privilege. However, further research and analysis demonstrated how these strategies gave rise to the possibilities for narrative appropriation and building bridges by minority communities.},
	language = {en},
	number = {2},
	urldate = {2017-06-01},
	journal = {Journal of Communication Inquiry},
	author = {Atkinson, Joshua D. and Rosati, Clayton and Berg, Suzanne and Meier, Matthew and White, Brion},
	month = apr,
	year = {2013},
	keywords = {2.DL\&R participant publications, race},
	pages = {171--185},
}

The following essay explores the racial politics within an online community focused on the city of Detroit. Past research has demonstrated that the intertextual strategies utilized by the DetroitYES! community have built an alternative cityscape that changes the way people interact with the physical environment. In our research we engaged in a qualitative content analysis of different threads on the discussion forum, and we interviewed members of the community to illustrate racial politics in this virtual site. Our research illustrated administrative strategies utilized within the community that closed down discourse about race. On the surface, these appeared to be authoritarian strategies that maintained White privilege. However, further research and analysis demonstrated how these strategies gave rise to the possibilities for narrative appropriation and building bridges by minority communities.

@article{vats_containment_2013,
	title = {Containment as {Neocolonial} {Visual} {Rhetoric}: {Fashion}, {Yellowface}, and {Karl} {Lagerfeld}'s “{Idea} of {China}”},
	volume = {99},
	issn = {00335630},
	shorttitle = {Containment as {Neocolonial} {Visual} {Rhetoric}},
	url = {http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,uid&db=ufh&AN=91949774&scope=site},
	doi = {10.1080/00335630.2013.833668},
	abstract = {Grounding our evidence in Karl Lagerfeld'sParis-Shanghai: A Fantasy, a filmic homage to Coco Chanel, we theorize a “visual rhetoric of containment,” which limits the subjectivity of the racial Other and consolidates whiteness. The visual rhetoric of containment manifests in four ways: the creation and enactment of “the yellowface gaze,” which affirms whiteness through the eyes of the “native” Other, the affirmation of a post-feminist model of exchange, which objectifies the Chinese, the representation of Chanel as a master of place and order, and the conception of time as a constraint that Chanel, but not the Chinese people, can transcend.},
	number = {4},
	urldate = {2017-06-01},
	journal = {Quarterly Journal of Speech},
	author = {Vats, Anjali and Nishime, LeiLani},
	month = nov,
	year = {2013},
	keywords = {2.DL\&R participant publications, colonialism, race},
	pages = {423--447},
}

Grounding our evidence in Karl Lagerfeld'sParis-Shanghai: A Fantasy, a filmic homage to Coco Chanel, we theorize a “visual rhetoric of containment,” which limits the subjectivity of the racial Other and consolidates whiteness. The visual rhetoric of containment manifests in four ways: the creation and enactment of “the yellowface gaze,” which affirms whiteness through the eyes of the “native” Other, the affirmation of a post-feminist model of exchange, which objectifies the Chinese, the representation of Chanel as a master of place and order, and the conception of time as a constraint that Chanel, but not the Chinese people, can transcend.

@misc{wanzer_revisiting_2013,
	title = {Revisiting {Writing}: {Delinking} {Rhetoric} ({Take} {One})},
	shorttitle = {Revisiting {Writing}},
	url = {http://darrel.wanzerserrano.com/2013/03/30/revisiting-writing-delinking-rhetoric-take-one/},
	abstract = {Last April, I gave a presentation at the Southern States Communication Association convention in San Antonio. I was part of a double-panel that had been arranged by Mary Stuckey on the topic of rhe…},
	urldate = {2017-05-31},
	journal = {:: delinking rhetoric ::},
	author = {Wanzer, Darrel Allan},
	month = mar,
	year = {2013},
	keywords = {0.Discussed in Workshop, critical race rhetoric, decoloniality, fragmentation, rhetorical criticism, rhetorical theory, text and context},
}

Last April, I gave a presentation at the Southern States Communication Association convention in San Antonio. I was part of a double-panel that had been arranged by Mary Stuckey on the topic of rhe…

@book{hayward_how_2013,
	address = {New York, NY},
	edition = {1st edition},
	title = {How {Americans} {Make} {Race}: {Stories}, {Institutions}, {Spaces}},
	isbn = {978-1-107-61958-6},
	shorttitle = {How {Americans} {Make} {Race}},
	abstract = {How do people produce and reproduce identities? In How Americans Make Race, Clarissa Rile Hayward challenges what is sometimes called the "narrative identity thesis": the idea that people produce and reproduce identities as stories. Identities have greater staying power than one would expect them to have if they were purely and simply narrative constructions, she argues, because people institutionalize identity-stories, building them into laws, rules, and other institutions that give social actors incentives to perform their identities well, and because they objectify identity-stories, building them into material forms that actors experience with their bodies. Drawing on in-depth historical analyses of the development of racialized identities and spaces in the twentieth-century United States, and also on life-narratives collected from people who live in racialized urban and suburban spaces, Hayward shows how the institutionalization and objectification of racial identity-stories enables their practical reproduction, lending them resilience in the face of challenge and critique.},
	language = {English},
	publisher = {Cambridge University Press},
	author = {Hayward, Clarissa Rile},
	month = oct,
	year = {2013},
	keywords = {0.Discussed in Workshop, 4.Watts Keynote sources, Watts RSA 2017 keynote, constitutive rhetoric, narrative, race},
}

How do people produce and reproduce identities? In How Americans Make Race, Clarissa Rile Hayward challenges what is sometimes called the "narrative identity thesis": the idea that people produce and reproduce identities as stories. Identities have greater staying power than one would expect them to have if they were purely and simply narrative constructions, she argues, because people institutionalize identity-stories, building them into laws, rules, and other institutions that give social actors incentives to perform their identities well, and because they objectify identity-stories, building them into material forms that actors experience with their bodies. Drawing on in-depth historical analyses of the development of racialized identities and spaces in the twentieth-century United States, and also on life-narratives collected from people who live in racialized urban and suburban spaces, Hayward shows how the institutionalization and objectification of racial identity-stories enables their practical reproduction, lending them resilience in the face of challenge and critique.

@book{dahlman_legal_2013,
	address = {Dordrecht},
	series = {Law and {Philosophy} {Library}},
	title = {Legal {Argumentation} {Theory}: {Cross}-{Disciplinary} {Perspectives}},
	isbn = {978-94-007-4669-5},
	number = {102},
	publisher = {Spring Science+Business Media},
	editor = {Dahlman, Christian and Feteris, Eveline},
	year = {2013},
	keywords = {3.DL\&R participant paper citations},
}

@incollection{stryker_trans_2013,
	address = {New York},
	edition = {2nd Edition},
	title = {Trans {Necropolitics}: {A} {Transnational} {Reflection} on {Violence}, {Death}, and the {Trans} of {Color} {Afterlife}},
	isbn = {978-0-415-51772-0 978-0-415-51773-7},
	booktitle = {The {Transgender} {Studies} {Reader}},
	publisher = {Routledge},
	author = {Snorton, C. Riley and Haritaworn, Jin},
	editor = {Stryker, Susan and Aizura, Aren Z.},
	year = {2013},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, abolition, black trans studies, necropolitics, punishment, race, sovereignty, trans legal studies, trans studies},
	pages = {65--76},
}

@incollection{conrad_their_2012,
	address = {Lewiston, ME},
	title = {Their {Laws} {Will} {Never} {Make} {Us} {Safer}},
	isbn = {978-0-615-67892-4},
	abstract = {"Prisons will not protect you critically analyzes the prison industrial complex and the inequality and violence perpetuated by hate crime legislation. This archival anthology provides the history of this legislative panacea and interrogates the gay community's unquestioned loyalty to the prison industrial complex. It argues that hate crime legislation does not address actual causes of harm and violence and, instead, funnels massive numbers of people into the profit-driven prison system"--Page 4 of cover.},
	language = {English},
	booktitle = {Against equality: prisons will not protect you},
	publisher = {Against Equality Pub.},
	author = {Spade, Dean},
	editor = {Conrad, Ryan},
	year = {2012},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants, race},
	pages = {1--12},
}

"Prisons will not protect you critically analyzes the prison industrial complex and the inequality and violence perpetuated by hate crime legislation. This archival anthology provides the history of this legislative panacea and interrogates the gay community's unquestioned loyalty to the prison industrial complex. It argues that hate crime legislation does not address actual causes of harm and violence and, instead, funnels massive numbers of people into the profit-driven prison system"–Page 4 of cover.

@book{conrad_against_2012,
	address = {Lewiston, ME},
	title = {Against equality: prisons will not protect you},
	isbn = {978-0-615-67892-4},
	shorttitle = {Against equality},
	abstract = {"Prisons will not protect you critically analyzes the prison industrial complex and the inequality and violence perpetuated by hate crime legislation. This archival anthology provides the history of this legislative panacea and interrogates the gay community's unquestioned loyalty to the prison industrial complex. It argues that hate crime legislation does not address actual causes of harm and violence and, instead, funnels massive numbers of people into the profit-driven prison system"--Page 4 of cover.},
	language = {English},
	publisher = {Against Equality Pub.},
	editor = {Conrad, Ryan},
	year = {2012},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants, race},
}

"Prisons will not protect you critically analyzes the prison industrial complex and the inequality and violence perpetuated by hate crime legislation. This archival anthology provides the history of this legislative panacea and interrogates the gay community's unquestioned loyalty to the prison industrial complex. It argues that hate crime legislation does not address actual causes of harm and violence and, instead, funnels massive numbers of people into the profit-driven prison system"–Page 4 of cover.

@article{atkinson_narrowmobilization_2012,
	title = {Narrowmobilization and {Tea} {Party} {Activism}: {A} {Study} of {Right}-{Leaning} {Alternative} {Media}},
	volume = {63},
	issn = {10510974},
	shorttitle = {Narrowmobilization and {Tea} {Party} {Activism}},
	url = {http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,uid&db=ufh&AN=79723306&scope=site},
	doi = {10.1080/10510974.2011.649442},
	abstract = {Past research concerning the theoretical framework of Resistance Performance (RP) has been based on observations of liberal organizations and activists. In the following essay, we engage in a qualitative content analysis of alternative media utilized by conservative “Tea Party” activists to build on the concept of RP. Overall, we discovered that the dominant theme found in much of the content focuses on “purity,” which is considerably different from past RP research that found broad themes of “human rights,” “democracy,” “be the media,” and “principles of unity” embedded within liberal alternative media content. We conclude that the theme of “purity” gives rise to narrowmobilization, which constructs very focused protest communities within right-leaning politics.},
	number = {5},
	urldate = {2017-06-01},
	journal = {Communication Studies},
	author = {Atkinson, Joshua D. and Leon Berg, Suzanne Valerie},
	month = nov,
	year = {2012},
	keywords = {2.DL\&R participant publications, DLR participant publication, activism, media effects, social movements},
	pages = {519--535},
}

Past research concerning the theoretical framework of Resistance Performance (RP) has been based on observations of liberal organizations and activists. In the following essay, we engage in a qualitative content analysis of alternative media utilized by conservative “Tea Party” activists to build on the concept of RP. Overall, we discovered that the dominant theme found in much of the content focuses on “purity,” which is considerably different from past RP research that found broad themes of “human rights,” “democracy,” “be the media,” and “principles of unity” embedded within liberal alternative media content. We conclude that the theme of “purity” gives rise to narrowmobilization, which constructs very focused protest communities within right-leaning politics.

@article{wanzer_delinking_2012,
	title = {Delinking {Rhetoric}, or {Revisiting} {McGee}'s {Fragmentation} {Thesis} through {Decoloniality}},
	volume = {15},
	issn = {1094-8392},
	url = {http://www.jstor.org/stable/41940627},
	number = {4},
	urldate = {2017-05-31},
	journal = {Rhetoric and Public Affairs},
	author = {Wanzer, Darrel Allan},
	year = {2012},
	keywords = {0.Discussed in Workshop, critical race rhetoric, decoloniality, fragmentation, race, rhetorical criticism, rhetorical theory, text and context},
	pages = {647--657},
}

@phdthesis{martinez_critical_2012,
	address = {United States -- Arizona},
	type = {Ph.{D}.},
	title = {Critical race counterstory as rhetorical methodology: {Chican}@ academic experience told through sophistic argument, allegory and narrative},
	copyright = {Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.},
	shorttitle = {Critical race counterstory as rhetorical methodology},
	url = {http://search.proquest.com.pitt.idm.oclc.org/docview/1015660877/abstract/E45A543849F415EPQ/1},
	abstract = {This work focuses on Chican@ identity in academia and uses CRT counterstory to address topics of cultural displacement, assimilation, the American Dream, and ethnic studies. This research considers where the field of rhetoric and composition currently stands in terms of preparedness to serve a growing Chican@ undergraduate and graduate student population. Through counterstory, I offer strategies that more effectively serve students from non-traditional backgrounds in various spaces and practices such as the composition classroom, faculty mentoring, and programmatic requirements such as second language proficiency exams. Since rhetoric and composition can confront structurally and historically specific racisms—e.g., segregation, lack of access for the racial minority to higher education, ethnocentric curricula—embedded in our field, then we, as teachers, students, and administrators, can strategize ways to achieve social justice in academia for historically marginalized groups. My dissertation is focused on Chican@ undergraduate and graduate students because this is the fastest growing population in the academy and is a group with which I feel I can draw upon my cultural intuition; however, the critical race theoretical, pedagogical, and methodological strategies I make use of in my project can be adapted to assist other historically marginalized groups in academia.},
	language = {English},
	urldate = {2017-05-31},
	school = {The University of Arizona},
	author = {Martinez, Aja Y.},
	year = {2012},
	keywords = {0.Discussed in Workshop, CRT, CRT in composition studies, Chicana/o, Counterstory, race},
}

This work focuses on Chican@ identity in academia and uses CRT counterstory to address topics of cultural displacement, assimilation, the American Dream, and ethnic studies. This research considers where the field of rhetoric and composition currently stands in terms of preparedness to serve a growing Chican@ undergraduate and graduate student population. Through counterstory, I offer strategies that more effectively serve students from non-traditional backgrounds in various spaces and practices such as the composition classroom, faculty mentoring, and programmatic requirements such as second language proficiency exams. Since rhetoric and composition can confront structurally and historically specific racisms—e.g., segregation, lack of access for the racial minority to higher education, ethnocentric curricula—embedded in our field, then we, as teachers, students, and administrators, can strategize ways to achieve social justice in academia for historically marginalized groups. My dissertation is focused on Chican@ undergraduate and graduate students because this is the fastest growing population in the academy and is a group with which I feel I can draw upon my cultural intuition; however, the critical race theoretical, pedagogical, and methodological strategies I make use of in my project can be adapted to assist other historically marginalized groups in academia.

@book{delgado_critical_2012,
	address = {New York},
	edition = {2nd ed},
	title = {Critical race theory: an introduction},
	isbn = {978-0-8147-2134-6 978-0-8147-2135-3 978-0-8147-2136-0 978-0-8147-8529-4},
	shorttitle = {Critical race theory},
	publisher = {New York University Press},
	author = {Delgado, Richard and Stefancic, Jean},
	year = {2012},
	keywords = {0.Discussed in Workshop, CLS, CRT, race},
}

@techreport{tushnet_dialogue_2012,
	address = {Rochester, NY},
	type = {{SSRN} {Scholarly} {Paper}},
	title = {Dialogue and {Constitutional} {Duty}},
	url = {https://papers.ssrn.com/abstract=2026555},
	abstract = {The concept of dialogue has become a central feature in contemporary thinking about constitutional review. Dialogues occur between courts and legislatures over},
	number = {ID 2026555},
	urldate = {2017-05-26},
	institution = {Social Science Research Network},
	author = {Tushnet, Mark},
	month = mar,
	year = {2012},
	keywords = {0.Discussed in Workshop, judicial rhetoric},
}

The concept of dialogue has become a central feature in contemporary thinking about constitutional review. Dialogues occur between courts and legislatures over

@article{cram_angie_2012,
	title = {“{Angie} was {Our} {Sister}:” {Witnessing} the {Trans}-{Formation} of {Disgust} in the {Citizenry} of {Photography}},
	volume = {98},
	issn = {0033-5630},
	shorttitle = {“{Angie} was {Our} {Sister}},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/00335630.2012.714899},
	doi = {10.1080/00335630.2012.714899},
	abstract = {In 2009, Andre Andrade was convicted for the murder of Angie Zapata, an 18-year-old Latina transgender woman living in rural Colorado. This essay traces the way Angie's friends, family, and community countered the assertion of transphobia in the courtroom and larger public discussion by circulating self-portraits of Angie on t-shirts at community vigils. Displaying Angie's portrait not only resists the mobilization of transphobic disgust, but also enacts a way of seeing trans people as citizens within the civil contract of photography. The mourners' resistance enacts a politics of witnessing that contests the bureaucratization of gender and the aesthetic norms of legal culture. These rhetorical performances illustrate the emotional politics of visuality, and how citizenship is a category of of embodied sociality, public emotionality, and performative enactment.},
	number = {4},
	urldate = {2017-05-26},
	journal = {Quarterly Journal of Speech},
	author = {Cram, E},
	month = nov,
	year = {2012},
	keywords = {0.Discussed in Workshop, courtroom performance, rhetorical criticism, visual circulation, visual law, visual rhetoric},
	pages = {411--438},
}

In 2009, Andre Andrade was convicted for the murder of Angie Zapata, an 18-year-old Latina transgender woman living in rural Colorado. This essay traces the way Angie's friends, family, and community countered the assertion of transphobia in the courtroom and larger public discussion by circulating self-portraits of Angie on t-shirts at community vigils. Displaying Angie's portrait not only resists the mobilization of transphobic disgust, but also enacts a way of seeing trans people as citizens within the civil contract of photography. The mourners' resistance enacts a politics of witnessing that contests the bureaucratization of gender and the aesthetic norms of legal culture. These rhetorical performances illustrate the emotional politics of visuality, and how citizenship is a category of of embodied sociality, public emotionality, and performative enactment.

@book{stark_writing_2012,
	address = {New York},
	edition = {Revised ed. edition},
	title = {Writing to {Win}: {The} {Legal} {Writer}},
	isbn = {978-0-307-88871-6},
	shorttitle = {Writing to {Win}},
	abstract = {From a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades--and that WINS.More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing.  Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of Writing to Win, Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case--and winning it.Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing--as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference.With new sections on client communication and drafting affidavits, as well as updated material throughout, Writing to Win is the most practical and efficacious legal-writing manual available.},
	language = {English},
	publisher = {Three Rivers Press},
	author = {Stark, Steven D.},
	month = apr,
	year = {2012},
	keywords = {0.Discussed in Workshop, legal writing, legal writing textbooks},
}

From a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades–and that WINS.More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing.  Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of Writing to Win, Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case–and winning it.Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing–as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference.With new sections on client communication and drafting affidavits, as well as updated material throughout, Writing to Win is the most practical and efficacious legal-writing manual available.

@book{wilson_meaning_2012,
	address = {Cambridge  U.K.},
	title = {Meaning and {Relevance}},
	publisher = {Cambridge University Press},
	editor = {Wilson, Deirdre and Sperber, Dan},
	year = {2012},
	keywords = {3.DL\&R participant paper citations},
}

@article{campbell_procedural_2012,
	title = {The {Procedural} {Queer}: {Substantive} {Due} {Process}, {Lawrence} v. {Texas}, and {Queer} {Rhetorical} {Futures}},
	volume = {98},
	issn = {0033-5630, 1479-5779},
	shorttitle = {The {Procedural} {Queer}},
	url = {http://www.tandfonline.com/doi/abs/10.1080/00335630.2012.663923},
	doi = {10.1080/00335630.2012.663923},
	language = {en},
	number = {2},
	urldate = {2014-06-28},
	journal = {Quarterly Journal of Speech},
	author = {Campbell, Peter Odell},
	month = may,
	year = {2012},
	keywords = {0.Discussed in Workshop, 2.DL\&R participant publications, 5.DL\&R workshop syllabus readings, Anthony Kennedy, Bowers v. Hardwick, Fourteenth Amendment, Lawrence v. Texas, Sandra Day O'Connor, critical rhetorical legal studies, due process, equal protection, judicial rhetoric, judicial rhetorical criticism, queer legal studies, queer of color, queer rhetoric, queer rhetorical legal studies, sodomy law},
	pages = {203--229},
}

@article{carbado_critical_2011,
	title = {Critical {What} {What}?},
	volume = {43},
	number = {5},
	journal = {Connecticut Law Review},
	author = {Carbado, Devon W.},
	year = {2011},
	keywords = {0.Discussed in Workshop, CRT},
	pages = {1593--1643},
}

@article{davis_rhetoric_2011,
	title = {The {Rhetoric} of {Accommodation}: {Considering} the {Language} of the {Work}-{Family} {Discourse}},
	volume = {4},
	shorttitle = {The {Rhetoric} of {Accommodation}},
	url = {http://ir.stthomas.edu/ustlj/vol4/iss3/9},
	number = {3},
	journal = {University of St. Thomas Law Journal},
	author = {Davis, Kristen},
	month = sep,
	year = {2011},
	keywords = {2.DL\&R participant publications},
	pages = {530},
}

@article{davis_legal_2011,
	title = {Legal {Forms} as {Rhetorical} {Transaction}: {Competency} in the {Context} of {Information} and {Efficiency}},
	volume = {79},
	number = {3},
	urldate = {2017-06-01},
	journal = {UMKC Law Review},
	author = {Davis, Kirsten K.},
	month = mar,
	year = {2011},
	note = {79 UMKC L. Rev. 667},
	keywords = {2.DL\&R participant publications, expertise, information competency, legal form, legal genre},
	pages = {667--716},
}

@article{butler_sexual_2011,
	title = {Sexual {Consent}: {Some} {Thoughts} on {Psychoanalysis} and {Law}},
	volume = {21},
	copyright = {Copyright Columbia University, School of Law 2011},
	issn = {10626220},
	shorttitle = {Sexual {Consent}},
	url = {http://search.proquest.com.pitt.idm.oclc.org/docview/898808553/abstract/BA5FAE0E7A274F22PQ/1},
	abstract = {Part I of this article reflects on "consent" through the lens of relational psychoanalysis. Since I am not trained as an analyst, my approach would hardly be called "clinical" in any accepted way.},
	language = {English},
	number = {2},
	urldate = {2017-05-31},
	journal = {Columbia Journal of Gender and the Law; New York},
	author = {Butler, Judith},
	year = {2011},
	keywords = {0.Discussed in Workshop, Consent, feminist legal studies, law and bodies, legal philosophy, prison, psychoanalysis and law, punishment, sexual assault},
	pages = {405--429},
}

Part I of this article reflects on "consent" through the lens of relational psychoanalysis. Since I am not trained as an analyst, my approach would hardly be called "clinical" in any accepted way.

@incollection{lacy_introduction_2011,
	address = {New York},
	series = {Critical cultural communication},
	title = {Introduction},
	isbn = {978-0-8147-6222-6 978-0-8147-6223-3 978-0-8147-6236-3},
	booktitle = {Critical rhetorics of race},
	publisher = {New York University Press},
	author = {Lacy, Michael G. and Ono, Kent A.},
	editor = {Lacy, Michael G. and Ono, Kent A.},
	year = {2011},
	keywords = {0.Discussed in Workshop, critical race rhetoric, fragmentation, race, rhetorical criticism, rhetorical theory, text and context},
	pages = {1--20},
}

@book{reddy_freedom_2011,
	address = {Durham},
	series = {Perverse modernities},
	title = {Freedom with violence: race, sexuality, and the {US} state},
	isbn = {978-0-8223-5091-0 978-0-8223-5105-4},
	shorttitle = {Freedom with violence},
	publisher = {Duke University Press},
	author = {Reddy, Chandan},
	year = {2011},
	keywords = {0.Discussed in Workshop, 1.Law \& Rhetoric core reading list compiled by DL\&R participants, CRT, dubois, queer of color, race, racial amendments, sovereignty},
}

@book{schuster_victim_2011,
	address = {Boston},
	title = {Victim {Advocacy} in the {Courtroom}: {Persuasive} {Practices} in {Domestic} {Violence} and {Child} {Protection} {Cases}},
	isbn = {978-1-55553-749-4},
	shorttitle = {Victim {Advocacy} in the {Courtroom}},
	abstract = {This volume examines sentencing hearings in criminal court and the presentation of victim impact statements, as well as child protection cases in juvenile court and the recommendations of guardians ad litem (GALS). Through interviews, observations, and textual analysis, all deeply grounded in an innovative court watch program, the authors illuminate the most effective persuasive practices of victim advocates and GALS as they help protect the rights and needs of victims of domestic violence, sexual assault, and child abuse. Mary Lay Schuster and Amy D. Propen offer nuanced interpretations of these strategies in the courtroom setting and provide an understanding of how to develop successful advocacy for vulnerable parties in the legal arena.},
	language = {English},
	publisher = {Northeastern},
	author = {Schuster, Mary Lay and Propen, Amy D.},
	month = jul,
	year = {2011},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants},
}

This volume examines sentencing hearings in criminal court and the presentation of victim impact statements, as well as child protection cases in juvenile court and the recommendations of guardians ad litem (GALS). Through interviews, observations, and textual analysis, all deeply grounded in an innovative court watch program, the authors illuminate the most effective persuasive practices of victim advocates and GALS as they help protect the rights and needs of victims of domestic violence, sexual assault, and child abuse. Mary Lay Schuster and Amy D. Propen offer nuanced interpretations of these strategies in the courtroom setting and provide an understanding of how to develop successful advocacy for vulnerable parties in the legal arena.

@article{mckinnon_positioned_2011,
	title = {Positioned in/by the {State}: {Incorporation}, {Exclusion}, and {Appropriation} of {Women}'s {Gender}-{Based} {Claims} to {Political} {Asylum} in the {United} {States}},
	volume = {97},
	issn = {0033-5630},
	shorttitle = {Positioned in/by the {State}},
	url = {http://dx.doi.org/10.1080/00335630.2011.560176},
	doi = {10.1080/00335630.2011.560176},
	abstract = {Extending an important rhetorical tradition of investigating women's positioning/positionalities in the national imaginary, in society, and in the law, this essay examines how non-US citizen women and their experiences are deployed toward objectives of the US state. Specifically, I analyze the rhetorical significance of two precedent-setting gender-based asylum cases, those of Fauziya Kassindja and Rody Alvarado, to understand the different ways non-US women are positioned by the state. These cases reveal that women claimants, depending on the nuances of their claims, are incorporated into the state as “good” women, pushed to the margins because their rhetoric is “threatening,” or appropriated by the state because their “otherness” provides an image that the United States can deploy in demonstrating itself as the “good” state that protects and supports women.},
	number = {2},
	urldate = {2016-01-25},
	journal = {Quarterly Journal of Speech},
	author = {McKinnon, Sara L.},
	month = may,
	year = {2011},
	keywords = {0.Discussed in Workshop, bureaucratic, courtroom performance, immigration, interpellation, performance, quasi-judicial, race, refugee law, sovereignty},
	pages = {178--200},
}

Extending an important rhetorical tradition of investigating women's positioning/positionalities in the national imaginary, in society, and in the law, this essay examines how non-US citizen women and their experiences are deployed toward objectives of the US state. Specifically, I analyze the rhetorical significance of two precedent-setting gender-based asylum cases, those of Fauziya Kassindja and Rody Alvarado, to understand the different ways non-US women are positioned by the state. These cases reveal that women claimants, depending on the nuances of their claims, are incorporated into the state as “good” women, pushed to the margins because their rhetoric is “threatening,” or appropriated by the state because their “otherness” provides an image that the United States can deploy in demonstrating itself as the “good” state that protects and supports women.

@article{driskill_lumbee_2011,
	title = {Lumbee {Indians} in the {Jim} {Crow} {South}: {Race}, {Identity}, and the {Making} of a {Nation} (review)},
	volume = {23},
	issn = {1548-9590},
	shorttitle = {Lumbee {Indians} in the {Jim} {Crow} {South}},
	url = {https://muse-jhu-edu.pitt.idm.oclc.org/article/432415},
	doi = {10.1353/ail.2011.0008},
	number = {1},
	urldate = {2017-03-26},
	journal = {Studies in American Indian Literatures},
	author = {Driskill, Qwo-Li},
	month = may,
	year = {2011},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, American Indian Studies, identity, race, sovereignty},
	pages = {133--136},
}

@incollection{eng_law_2010,
	address = {Durham},
	title = {The {Law} of {Kinship}: {Lawrence} v. {Texas} and the {Emergence} of {Queer} {Liberalism}},
	isbn = {978-0-8223-4715-6 978-0-8223-4732-3},
	booktitle = {The feeling of kinship: queer liberalism and the racialization of intimacy},
	publisher = {Duke University Press},
	author = {Eng, David L.},
	year = {2010},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants, Fourteenth Amendment, Lawrence v. Texas, affect, due process, equal protection, kinship, liberalism, marriage, naturalization, normativity, privacy, queer legal studies, queer liberalism, queer of color legal studies, race, racialization},
	pages = {23--57},
}

@incollection{eng_queer_2010,
	address = {Durham},
	title = {Queer {Liberalism} and the {Racialization} of {Intimacy}},
	isbn = {978-0-8223-4715-6 978-0-8223-4732-3},
	booktitle = {The feeling of kinship: queer liberalism and the racialization of intimacy},
	publisher = {Duke University Press},
	author = {Eng, David L.},
	year = {2010},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants, Fourteenth Amendment, Lawrence v. Texas, affect, due process, equal protection, kinship, liberalism, marriage, naturalization, normativity, privacy, queer legal studies, queer liberalism, queer of color legal studies, race, racialization},
	pages = {1--22},
}

@book{hartelius_rhetoric_2010,
	address = {Lanham},
	title = {The rhetoric of expertise},
	isbn = {978-0-7391-4703-0},
	publisher = {Lexington Books},
	author = {Hartelius, E. Johanna},
	year = {2010},
	keywords = {0.Discussed in Workshop, Persuasion (Rhetoric), constitutive rhetoric, expertise, expertise/method/criticism, legal expertise, legal knowledge},
}

@article{propen_understanding_2010,
	title = {Understanding genre through the lens of advocacy: the rhetorical work of the victim impact statement},
	volume = {27},
	issn = {07410883},
	shorttitle = {Understanding {Genre} through the {Lens} of {Advocacy}},
	doi = {10.1177/0741088309351479},
	abstract = {Through interviews with judges and victim advocates, courtroom observations, and rhetorical analyses of victims' reactions to proposed sentences, the authors examine the features that judges and advocates think make victims' arguments persuasive. The authors conclude that this genre, recently imposed upon the court, functions as a mediating device through which advocates push for collective change, particularly for judicial acceptance of personal and emotional appeals. This study understands genres as responsive to changes within the activity systems in which they work and extends knowledge about genres that function as advocacy tools within internal institutional systems. [ABSTRACT FROM AUTHOR]},
	number = {1},
	journal = {Written Communication},
	author = {Propen, Amy D. and Schuster, Mary Lay},
	month = jan,
	year = {2010},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants},
	pages = {3--35},
}

Through interviews with judges and victim advocates, courtroom observations, and rhetorical analyses of victims' reactions to proposed sentences, the authors examine the features that judges and advocates think make victims' arguments persuasive. The authors conclude that this genre, recently imposed upon the court, functions as a mediating device through which advocates push for collective change, particularly for judicial acceptance of personal and emotional appeals. This study understands genres as responsive to changes within the activity systems in which they work and extends knowledge about genres that function as advocacy tools within internal institutional systems. [ABSTRACT FROM AUTHOR]

@article{schuster_degrees_2010,
	title = {Degrees of {Emotion}: {Judicial} {Responses} to {Victim} {Impact} {Statements}},
	volume = {6},
	issn = {1743-8721},
	shorttitle = {Degrees of {Emotion}},
	url = {http://journals.sagepub.com/doi/abs/10.1177/1743872109349104},
	doi = {10.1177/1743872109349104},
	abstract = {Emotional standards and hierarchies in the courtroom may affect judicial reactions to victim impact statements. Based on judicial conversations and courtroom observations in two judicial districts in Minnesota, we suggest that judges contrast emotion with reason in order to maintain control of their courtrooms; when faced with emotional expressions in victim impact statements, judges appreciate expressions of compassion and tolerate expressions of grief but are uncomfortable with expressions of anger. These judicial responses to emotional expression, however, must be contextualized; for example, the judges we spoke with often articulated different reactions to impact statements given by victims of sexual assault, those who are strangers to the perpetrator, and impact statements given by victims of domestic violence, those who are in a relationship with the perpetrator.},
	language = {en},
	number = {1},
	urldate = {2017-05-25},
	journal = {Law, Culture and the Humanities},
	author = {Schuster, Mary Lay and Propen, Amy},
	month = feb,
	year = {2010},
	keywords = {0.Discussed in Workshop, affect, judicial genre, judicial rhetoric, quasi-judicial, victim impact statements},
	pages = {75--104},
}

Emotional standards and hierarchies in the courtroom may affect judicial reactions to victim impact statements. Based on judicial conversations and courtroom observations in two judicial districts in Minnesota, we suggest that judges contrast emotion with reason in order to maintain control of their courtrooms; when faced with emotional expressions in victim impact statements, judges appreciate expressions of compassion and tolerate expressions of grief but are uncomfortable with expressions of anger. These judicial responses to emotional expression, however, must be contextualized; for example, the judges we spoke with often articulated different reactions to impact statements given by victims of sexual assault, those who are strangers to the perpetrator, and impact statements given by victims of domestic violence, those who are in a relationship with the perpetrator.

@article{li_make_2010,
	title = {To make live or let die? {Rural} dispossession and the protection of surplus populations},
	shorttitle = {To make live or let die?},
	url = {https://tspace.library.utoronto.ca/handle/1807/67590},
	abstract = {My essay concerns the politics of making live, or letting die, and the struggles that shape the way the equation is resolved for different segments of the global population. While Foucault highlighted the general historical conditions for the emergence of biopolitics, that is, an orientation to intervene in populations to enhance their health and wellbeing, he had little to say about when or how this orientation would be activated. Nor did he say much about the politics of let die scenarios: why governing authorities would elect not to intervene when they could, or select one subset of the population for life enhancement while abandoning another.},
	language = {en\_ca},
	urldate = {2017-05-25},
	author = {Li, Tania M.},
	year = {2010},
	keywords = {0.Discussed in Workshop, 4.Watts Keynote sources, Watts RSA 2017 keynote, biopower, eminent domain, race, sovereignty},
}

My essay concerns the politics of making live, or letting die, and the struggles that shape the way the equation is resolved for different segments of the global population. While Foucault highlighted the general historical conditions for the emergence of biopolitics, that is, an orientation to intervene in populations to enhance their health and wellbeing, he had little to say about when or how this orientation would be activated. Nor did he say much about the politics of let die scenarios: why governing authorities would elect not to intervene when they could, or select one subset of the population for life enhancement while abandoning another.

@article{mckinnon_review_2010,
	title = {Review {Essay}: {The} {Law} and {Its} {Bedfellows}: {Nation} {Making} through the {Rhetoric} of {US} {Courtrooms}},
	volume = {96},
	issn = {00335630},
	shorttitle = {Review {Essay}},
	url = {http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,uid&db=ufh&AN=52930328&scope=site},
	doi = {10.1080/00335630.2010.499113},
	abstract = {An essay is presented in which the author discusses legal rhetoric in the U.S. through a review of books about court cases that have shaped a national identity. The author points out that the legal rhetoric from these court cases should be questioned by citizens to determine whether they are valid and just for U.S. society. The court cases reviewed in the books discuss the impact of legal rhetoric on the subjects of womanhood and women's rights, citizenship, race, and eugenics in the U.S.},
	number = {3},
	urldate = {2016-12-15},
	journal = {Quarterly Journal of Speech},
	author = {McKinnon, Sara L.},
	month = aug,
	year = {2010},
	keywords = {0.Discussed in Workshop, courtroom performance, judicial decisionmaking, performance},
	pages = {324--337},
}

An essay is presented in which the author discusses legal rhetoric in the U.S. through a review of books about court cases that have shaped a national identity. The author points out that the legal rhetoric from these court cases should be questioned by citizens to determine whether they are valid and just for U.S. society. The court cases reviewed in the books discuss the impact of legal rhetoric on the subjects of womanhood and women's rights, citizenship, race, and eugenics in the U.S.

@article{mckinnon_citizenship_2009,
	title = {Citizenship and the {Performance} of {Credibility}: {Audiencing} {Gender}-based {Asylum} {Seekers} in {U}.{S}. {Immigration} {Courts}},
	volume = {29},
	issn = {1046-2937},
	shorttitle = {Citizenship and the {Performance} of {Credibility}},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/10462930903017182},
	doi = {10.1080/10462930903017182},
	abstract = {The Real ID Act of 2005 gave immigration judges more power over determining who is worthy to remain in the United States. One trend to emerge from this development is that judges in asylum cases evaluate the claimants’ credibility rather than the content of the cases in order to expedite their case load. To understand this shift I focus specifically on the conventions of audiencing used by immigration judges to evaluate the credibility performed by asylum seekers. I examine the cases made by women who claim asylum on the basis of gendered violence, as these are among the subjects most impacted by the dynamics of credibility. The argument proffered here is that the possibility of access to U.S. citizenship is increasingly dependent on asylum seekers’ ability to appear coherently credible, grounded on the performance conventions of good speech, narrative rationality, and embodied affect, which are based in exclusionary discourses concerning the proper performances of U.S. citizenship.},
	number = {3},
	urldate = {2017-05-31},
	journal = {Text and Performance Quarterly},
	author = {McKinnon, Sara L.},
	month = jul,
	year = {2009},
	keywords = {0.Discussed in Workshop, citizenship, courtroom performance, immigration, judicial decisionmaking, legal performance, naturalization, performance, race, refugee, rhetoric and law},
	pages = {205--221},
}

The Real ID Act of 2005 gave immigration judges more power over determining who is worthy to remain in the United States. One trend to emerge from this development is that judges in asylum cases evaluate the claimants’ credibility rather than the content of the cases in order to expedite their case load. To understand this shift I focus specifically on the conventions of audiencing used by immigration judges to evaluate the credibility performed by asylum seekers. I examine the cases made by women who claim asylum on the basis of gendered violence, as these are among the subjects most impacted by the dynamics of credibility. The argument proffered here is that the possibility of access to U.S. citizenship is increasingly dependent on asylum seekers’ ability to appear coherently credible, grounded on the performance conventions of good speech, narrative rationality, and embodied affect, which are based in exclusionary discourses concerning the proper performances of U.S. citizenship.

@article{martinez_american_2009,
	title = {"{The} {American} {Way}": {Resisting} the {Empire} of {Force} and {Color}-{Blind} {Racism}},
	volume = {71},
	issn = {0010-0994},
	shorttitle = {"{The} {American} {Way}"},
	url = {http://www.jstor.org.pitt.idm.oclc.org/stable/25652997},
	number = {6},
	urldate = {2017-05-31},
	journal = {College English},
	author = {Martinez, Aja Y.},
	year = {2009},
	keywords = {0.Discussed in Workshop, CRT, CRT in composition studies, color-blind, james boyd white, law as literature, race},
	pages = {584--595},
}

@article{quick_15-year_2009,
	title = {A 15-{Year} {Review} of {ABC}, {CBS}, and {NBC} {News} {Coverage} of {Organ} {Donation}: {Implications} for {Organ} {Donation} {Campaigns}},
	volume = {24},
	issn = {10410236},
	shorttitle = {A 15-{Year} {Review} of {ABC}, {CBS}, and {NBC} {News} {Coverage} of {Organ} {Donation}},
	url = {http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,uid&db=ufh&AN=37141210&scope=site},
	doi = {10.1080/10410230802676516},
	abstract = {This content analysis represents news coverage of organ donation from January 1990 to December 2005. Specifically, ABC, CBS, and NBC news broadcasts were examined to gain a greater understanding of organ donation coverage on TV. Overall this investigation revealed that organ donation received modest coverage (N = 1,507). Although the majority of coverage was positive, attention to the need for organs and the process of becoming a potential organ donor received modest exposure. In addition, non-living donor and living-donor donations received approximately equal coverage. Results are discussed with a focus on message design for practitioners and advocates of organ donation.},
	number = {2},
	urldate = {2017-05-31},
	journal = {Health Communication},
	author = {Quick, Brian L. and Kim, Do Kyun and Meyer, Kevin},
	month = mar,
	year = {2009},
	keywords = {0.Discussed in Workshop, media effects},
	pages = {137--145},
}

This content analysis represents news coverage of organ donation from January 1990 to December 2005. Specifically, ABC, CBS, and NBC news broadcasts were examined to gain a greater understanding of organ donation coverage on TV. Overall this investigation revealed that organ donation received modest coverage (N = 1,507). Although the majority of coverage was positive, attention to the need for organs and the process of becoming a potential organ donor received modest exposure. In addition, non-living donor and living-donor donations received approximately equal coverage. Results are discussed with a focus on message design for practitioners and advocates of organ donation.

@misc{chamberlain_tv_2009,
	title = {{TV} news on organ donation says little about need, how to become a donor},
	url = {https://news.illinois.edu/blog/view/6367/205987},
	urldate = {2017-05-26},
	journal = {Illinois News Bureau},
	author = {Chamberlain, Craig},
	month = mar,
	year = {2009},
	keywords = {0.Discussed in Workshop, media effects},
}

@book{canaday_straight_2009,
	address = {Princeton, N.J},
	series = {Politics and society in twentieth-century {America}},
	title = {The straight state: sexuality and citizenship in twentieth-century {America}},
	isbn = {978-0-691-13598-4},
	shorttitle = {The straight state},
	publisher = {Princeton University Press},
	author = {Canaday, Margot},
	year = {2009},
	keywords = {0.Discussed in Workshop, bureaucratic, legal histories, queer legal studies, race, sovereignty},
}

@article{macagno_argument_2009,
	title = {Argument from analogy in law, the classical tradition, and recent theories},
	volume = {42},
	issn = {00318213},
	url = {http://www.jstor.org/stable/25655348},
	number = {2},
	journal = {Philosophy \& Rhetoric},
	author = {Macagno, Fabrizio and Walton, Douglas},
	month = jan,
	year = {2009},
	note = {ArticleType: research-article / Full publication date: 2009 / Copyright © 2009 Penn State University Press},
	keywords = {3.DL\&R participant paper citations},
	pages = {154--182},
}

@article{chavez_exploring_2009,
	title = {Exploring the {Defeat} of {Arizona}'s {Marriage} {Amendment} and the {Specter} of the {Immigrant} as {Queer}},
	volume = {74},
	issn = {1041-794X},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/10417940903060930},
	doi = {10.1080/10417940903060930},
	abstract = {Arizona voters became the first in the United States to defeat a so-called marriage amendment, “Protect Marriage Arizona” (PMA), in 2006. Also that year, PMA joined four ballot measures targeting the rights of immigrants on the Arizona ballot. At the same time that these immigration measures overwhelming passed by 3-1 margins, PMA failed, making LGBT history. This essay argues that PMA failed in Arizona because the anti-PMA campaign, Arizona Together, used “straight-washing” and “white-washing” strategies. These strategies proved successful because immigrants have been positioned as the most “queer” and deviant group in Arizona. While such strategies may have garnered short-term success, in 2008, in a different political environment in regard to immigration, Arizonans approved a marriage amendment, showing the limitations of such politically expedient strategies.},
	number = {3},
	urldate = {2016-10-28},
	journal = {Southern Communication Journal},
	author = {Chávez, Karma R.},
	month = jul,
	year = {2009},
	keywords = {0.Discussed in Workshop, antinormativity, law and policy, marriage, queer of color, queer of color legal studies, queer rhetoric, race},
	pages = {314--324},
}

Arizona voters became the first in the United States to defeat a so-called marriage amendment, “Protect Marriage Arizona” (PMA), in 2006. Also that year, PMA joined four ballot measures targeting the rights of immigrants on the Arizona ballot. At the same time that these immigration measures overwhelming passed by 3-1 margins, PMA failed, making LGBT history. This essay argues that PMA failed in Arizona because the anti-PMA campaign, Arizona Together, used “straight-washing” and “white-washing” strategies. These strategies proved successful because immigrants have been positioned as the most “queer” and deviant group in Arizona. While such strategies may have garnered short-term success, in 2008, in a different political environment in regard to immigration, Arizonans approved a marriage amendment, showing the limitations of such politically expedient strategies.

@article{langford_toward_2009,
	title = {Toward a {Genre} of {Judicial} {Dissent}},
	volume = {9},
	url = {http://commlawreview.org/Archives/v9i2/CLR%202009%20v9i2%20Toward%20a%20Genre%20of%20Judicial%20Dissent-%20Lochner%20and%20Casey%20as%20Exemplars%20by%20Catherine%20L%20Langford.pdf},
	number = {2},
	journal = {Communication Law Review},
	author = {Langford, Catherine L.},
	year = {2009},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants, dissent, judicial rhetoric, legal genre},
	pages = {1--12},
}

@article{endres_rhetoric_2009,
	title = {The {Rhetoric} of {Nuclear} {Colonialism}: {Rhetorical} {Exclusion} of {American} {Indian} {Arguments} in the {Yucca} {Mountain} {Nuclear} {Waste} {Siting} {Decision}},
	volume = {6},
	issn = {14791420},
	shorttitle = {The {Rhetoric} of {Nuclear} {Colonialism}},
	url = {http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,uid&db=ufh&AN=36518353&scope=site},
	doi = {10.1080/14791420802632103},
	abstract = {Nuclear colonialism is a system of domination through which governments and corporations disproportionately target and devastate indigenous peoples and their lands to maintain the nuclear production process. Though nuclear colonialism is an historically and empirically verifiable phenomenon, previous studies do not attend to how nuclear colonialism is perpetuated through discourse. In this essay, I argue that nuclear colonialism is significantly a rhetorical phenomenon that builds upon the discourses of colonialism and nuclearism. Nuclear colonialism rhetorically excludes American Indians and their opposition to it through particular rhetorical strategies. I identify three interconnected strategies of rhetorical exclusion that uphold nuclear colonialism. This essay discusses nuclear colonialism and rhetorical exclusion through examination of the Yucca Mountain nuclear waste siting process.},
	number = {1},
	urldate = {2017-03-26},
	journal = {Communication \& Critical/Cultural Studies},
	author = {Endres, Danielle},
	month = mar,
	year = {2009},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, American Indian Studies, colonialism, extra-judicial, law and policy, race, social movements},
	pages = {39--60},
}

Nuclear colonialism is a system of domination through which governments and corporations disproportionately target and devastate indigenous peoples and their lands to maintain the nuclear production process. Though nuclear colonialism is an historically and empirically verifiable phenomenon, previous studies do not attend to how nuclear colonialism is perpetuated through discourse. In this essay, I argue that nuclear colonialism is significantly a rhetorical phenomenon that builds upon the discourses of colonialism and nuclearism. Nuclear colonialism rhetorically excludes American Indians and their opposition to it through particular rhetorical strategies. I identify three interconnected strategies of rhetorical exclusion that uphold nuclear colonialism. This essay discusses nuclear colonialism and rhetorical exclusion through examination of the Yucca Mountain nuclear waste siting process.

@book{white_living_2008,
	address = {Princeton, N.J.; Woodstock},
	title = {Living speech: resisting the empire of force},
	isbn = {978-0-691-13837-4 978-0-691-12580-0},
	shorttitle = {Living speech},
	abstract = {Drawing examples from an unusual range of sources, the author offers an analysis of the force of our languages. He shows us that we must practice the art of resisting the forces of inhumanity built into our habits of speech and thought if we are to become more capable of love and justice.},
	language = {English},
	publisher = {Princeton University Press},
	author = {White, James Boyd},
	year = {2008},
	note = {OCLC: 228573708},
	keywords = {0.Discussed in Workshop, 1.Law \& Rhetoric core reading list compiled by DL\&R participants, first amendment, james boyd white, judicial argument, judicial decisionmaking, judicial rhetoric, law and literature, law and rhetoric, race, rhetoric of law},
}

Drawing examples from an unusual range of sources, the author offers an analysis of the force of our languages. He shows us that we must practice the art of resisting the forces of inhumanity built into our habits of speech and thought if we are to become more capable of love and justice.

@article{rand_inflammatory_2008,
	title = {An {Inflammatory} {Fag} and a {Queer} {Form}: {Larry} {Kramer}, {Polemics}, and {Rhetorical} {Agency}},
	volume = {94},
	issn = {0033-5630},
	shorttitle = {An {Inflammatory} {Fag} and a {Queer} {Form}},
	url = {http://www-tandfonline-com.pitt.idm.oclc.org/doi/abs/10.1080/00335630802210377},
	doi = {10.1080/00335630802210377},
	abstract = {Rhetorical agency is the capacity for words and actions to be intelligible and forceful, and to create effects through their formal and stylistic conventions. The polemical discourses of Larry Kramer, a controversial AIDS activist, demonstrate a concurrence of features that define the polemic as a rhetorical form and therefore enable agency: alienating expressions of emotion; non-contingent assertions of truth; presumptions of shared morality; and the constitution of enemies, audiences, and publics. The unexpected uptake of Kramer's texts by academics invites consideration of the polemic as a queer form that resists the assumption of a necessary and predictable relationship between an intending agent and an action's effects. Thus, the polemic highlights the riskiness, unpredictability, and inevitable contingency of agency, and positions queerness itself as the condition of possibility for any rhetorical act.},
	number = {3},
	urldate = {2016-10-29},
	journal = {Quarterly Journal of Speech},
	author = {Rand, Erin J.},
	month = aug,
	year = {2008},
	keywords = {2.DL\&R participant publications},
	pages = {297--319},
}

Rhetorical agency is the capacity for words and actions to be intelligible and forceful, and to create effects through their formal and stylistic conventions. The polemical discourses of Larry Kramer, a controversial AIDS activist, demonstrate a concurrence of features that define the polemic as a rhetorical form and therefore enable agency: alienating expressions of emotion; non-contingent assertions of truth; presumptions of shared morality; and the constitution of enemies, audiences, and publics. The unexpected uptake of Kramer's texts by academics invites consideration of the polemic as a queer form that resists the assumption of a necessary and predictable relationship between an intending agent and an action's effects. Thus, the polemic highlights the riskiness, unpredictability, and inevitable contingency of agency, and positions queerness itself as the condition of possibility for any rhetorical act.

@book{sexton_amalgamation_2008,
	edition = {NED - New edition},
	title = {Amalgamation {Schemes}: {Antiblackness} and the {Critique} of {Multiracialism}},
	isbn = {978-0-8166-5104-7},
	shorttitle = {Amalgamation {Schemes}},
	url = {http://www.jstor.org/stable/10.5749/j.cttttx0g},
	abstract = {Jared Sexton argues that multiracialism evokes long-standing tenets of antiblackness and prescriptions for normative sexuality. Sexton pursues a critique of contemporary multiracialism, from the splintered political initiatives of the multiracial movement to the academic field of multiracial studies, to the melodramatic media declarations about “the browning of America,” and posits that multiracialism stems from the conservative and reactionary forces determined to dismantle radical black and feminist politics.},
	urldate = {2017-05-25},
	publisher = {University of Minnesota Press},
	author = {Sexton, Jared},
	year = {2008},
	keywords = {0.Discussed in Workshop, 4.Watts Keynote sources, Watts RSA 2017 keynote, antiblackness, biopower, color-blind, diversity, multiracial, post-racial, race},
}

Jared Sexton argues that multiracialism evokes long-standing tenets of antiblackness and prescriptions for normative sexuality. Sexton pursues a critique of contemporary multiracialism, from the splintered political initiatives of the multiracial movement to the academic field of multiracial studies, to the melodramatic media declarations about “the browning of America,” and posits that multiracialism stems from the conservative and reactionary forces determined to dismantle radical black and feminist politics.

@book{walton_argumentation_2008,
	address = {Cambridge  U.K.},
	title = {Argumentation {Schemes}},
	isbn = {978-0-521-72374-9},
	publisher = {Cambridge University Press},
	author = {Walton, Douglas and Reed, Chris and Macagno, Fabrizio},
	year = {2008},
	keywords = {3.DL\&R participant paper citations},
}

@article{west_debbie_2008,
	title = {Debbie {Mayne}'s {Trans}/scripts: {Performative} {Repertoires} in {Law} and {Everyday} {Life}},
	volume = {5},
	issn = {14791420},
	shorttitle = {Debbie {Mayne}'s {Trans}/scripts},
	url = {http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,uid&db=ufh&AN=33140850&scope=site},
	doi = {10.1080/14791420802206841},
	abstract = {Complementing existing literatures on agency, I suggest a fuller engagement with the work of Judith Butler to emphasize the embodied practices of performative repertoires as a critical source of judgment and invention. Putting Butler into conversation with James Scott's concepts of public and hidden transcripts, this essay helps explain how subjects productively negotiate the discursive circuitries of their domination to make life more livable. To contextualize the argument, I analyze the actions of Debbie Mayne, a maleto- female transsexual, who prompted her own arrests to resist legal interpellations discordant with her own sense of self.},
	number = {3},
	urldate = {2016-01-12},
	journal = {Communication \& Critical/Cultural Studies},
	author = {West, Isaac},
	month = sep,
	year = {2008},
	keywords = {0.Discussed in Workshop, 5.DL\&R workshop syllabus readings, extra-judicial, performative, queer legal rhetoric, trans law, trans rhetoric},
	pages = {245--263},
}

Complementing existing literatures on agency, I suggest a fuller engagement with the work of Judith Butler to emphasize the embodied practices of performative repertoires as a critical source of judgment and invention. Putting Butler into conversation with James Scott's concepts of public and hidden transcripts, this essay helps explain how subjects productively negotiate the discursive circuitries of their domination to make life more livable. To contextualize the argument, I analyze the actions of Debbie Mayne, a maleto- female transsexual, who prompted her own arrests to resist legal interpellations discordant with her own sense of self.

@book{rountree_judging_2007,
	address = {East Lansing},
	series = {Rhetoric and public affairs series},
	title = {Judging the {Supreme} {Court}: constructions of motives in {Bush} v. {Gore}},
	isbn = {978-0-87013-809-6},
	shorttitle = {Judging the {Supreme} {Court}},
	publisher = {Michigan State University Press},
	author = {Rountree, Clarke},
	year = {2007},
	keywords = {1.Law \& Rhetoric core reading list compiled by DL\&R participants, Bush v. Gore, SCOTUS, judicial argument, judicial decisionmaking, judicial rhetoric, legal philosophy, public address, rhetorical criticism},
}

@article{larson_second_2007,
	title = {Second class for the second time: how the commercial speech doctrine stigmatizes commercial use of aggregated public records},
	volume = {58},
	number = {4},
	journal = {South Carolina Law Review},
	author = {Larson, Brian N. and Belmas, Genelle I.},
	year = {2007},
	keywords = {2.DL\&R participant publications},
	pages = {935},
}

@article{belmas_clicking_2007,
	title = {Clicking {Away} {Your} {Speech} {Rights}: {The} {Enforceability} of {Gagwrap} {Licenses}},
	volume = {12},
	number = {1},
	journal = {Communication Law and Policy},
	author = {Belmas, Genelle I. and Larson, Brian N.},
	year = {2007},
	keywords = {2.DL\&R participant publications},
	pages = {37--89},
}

@book{latour_reassembling_2007,
	address = {Oxford},
	edition = {1st edition},
	title = {Reassembling the {Social}: {An} {Introduction} to {Actor}-{Network}-{Theory}},
	isbn = {978-0-19-925605-1},
	shorttitle = {Reassembling the {Social}},
	abstract = {Reassembling the Social is a fundamental challenge from one of the world's leading social theorists to how we understand society and the "social". Bruno Latour's contention is that the word "social" as used by Social Scientists has become laden with assumptions to the point where it has become a misnomer. When the adjective is applied to a phenomenon, it is used to indicate a stabilized state of affairs, a bundle of ties that in due course may be used to account for another phenomenon. Latour also finds the word used as if it described a type of material, in a comparable way to an adjective such as "wooden" or "steely".Rather than simply indicating what is already assembled together, it is now used in a way that makes assumptions about the nature of what is assembled. It has become a word that designates two distinct things: a process of assembling: and a type of material, distinct from others. Latour shows why "the social" cannot be thought of as a kind of material or domain, and disputes attempts to provide a "social explanation" of other states of affairs.  While these attempts have been productive (and probably necessary) in the past, the very success of the social sciences mean that they are largely no longer so. At the present stage it is no longer possible to inspect the precise constituents entering the social domain. Latour returns to the original meaning of "the social" to redefine the notion and allow it to trace connections again. It will then be possible to resume the traditional goal of the social sciences, but using more refined tools. Drawing on his extensive work examining the "assemblages" of nature, Latour finds it necessary to scrutinize thoroughly the exact content of what is assembled under the umbrella of Society. This approach, a "sociology of associations" has become known as Actor-Network-Theory, and this book is an essential introduction both for those seeking to understand Actor-Network-Theory, or the ideas of one of its most influential proponents.},
	language = {English},
	publisher = {Oxford University Press},
	author = {Latour, Bruno},
	month = oct,
	year = {2007},
	keywords = {0.Discussed in Workshop, actor-network},
}

Reassembling the Social is a fundamental challenge from one of the world's leading social theorists to how we understand society and the "social". Bruno Latour's contention is that the word "social" as used by Social Scientists has become laden with assumptions to the point where it has become a misnomer. When the adjective is applied to a phenomenon, it is used to indicate a stabilized state of affairs, a bundle of ties that in due course may be used to account for another phenomenon. Latour also finds the word used as if it described a type of material, in a comparable way to an adjective such as "wooden" or "steely".Rather than simply indicating what is already assembled together, it is now used in a way that makes assumptions about the nature of what is assembled. It has become a word that designates two distinct things: a process of assembling: and a type of material, distinct from others. Latour shows why "the social" cannot be thought of as a kind of material or domain, and disputes attempts to provide a "social explanation" of other states of affairs. While these attempts have been productive (and probably necessary) in the past, the very success of the social sciences mean that they are largely no longer so. At the present stage it is no longer possible to inspect the precise constituents entering the social domain. Latour returns to the original meaning of "the social" to redefine the notion and allow it to trace connections again. It will then be possible to resume the traditional goal of the social sciences, but using more refined tools. Drawing on his extensive work examining the "assemblages" of nature, Latour finds it necessary to scrutinize thoroughly the exact content of what is assembled under the umbrella of Society. This approach, a "sociology of associations" has become known as Actor-Network-Theory, and this book is an essential introduction both for those seeking to understand Actor-Network-Theory, or the ideas of one of its most influential proponents.

@article{pineda_flag_2007,
	title = {Flag waving as visual argument: 2006 immigration demonstrations and cultural citizenship},
	volume = {43},
	issn = {10511431},
	url = {http://login.ezproxy.lib.umn.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&AuthType=ip,uid&db=cms&AN=30751502&site=ehost-live},
	abstract = {In AALibrary; notes in Evernote. During the 2006 immigration rallies and demonstrations, hundreds of thousands of immigrants and their supporters turned out to protest proposed immigration legislation. Flag waving was a key element of these demonstrations, in which participants employed both the US. flag and other national flags, most prominently Mexican flags. In this essay, we examine how flag waving functions as a visual argument that offers possibillties for establishing cultural and national citizenship and creating a visual form of refutation. Specifically, we argue that anti-immigration advocates see foreign flags as visual ideographs that represent recent immigrants' failure to assimilate, immigrants' deviant cultural practices, and failure of law enforcement. Immigrant rights advocates see foreign flags as a visual ideograph that represents cultural pride, unity, and civic participation that creates space for cultural citizenship. These oppositional tensions create a framework for understanding flag waving as a refutative process. [ABSTRACT FROM AUTHOR]},
	number = {3/4},
	journal = {Argumentation \& Advocacy},
	author = {Pineda, Richard D. and Sowards, Stacey K.},
	year = {2007},
	note = {On Dropbox.},
	keywords = {3.DL\&R participant paper citations, cultural citizenship, demonstration, law and culture, visual argument, visual communication, visual ideograph, visual refutation},
	pages = {164--174},
}

In AALibrary; notes in Evernote. During the 2006 immigration rallies and demonstrations, hundreds of thousands of immigrants and their supporters turned out to protest proposed immigration legislation. Flag waving was a key element of these demonstrations, in which participants employed both the US. flag and other