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    how does the culturally specific language used by sotomayor appeal to the audience? it demonstrates how different she is from others. it demonstrates why she is such an effective judge. it demonstrates why having a latina background is important. it demonstrates the importance of ethnicity as part of identity.

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    Recognizing Rhetorical Techniques in a Speech Flashcards

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    Recognizing Rhetorical Techniques in a Speech

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    What is the purpose of Sotomayor's speech?

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    to persuade listeners to agree that it is important to have more diverse judges

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    How does the culturally specific language used by Sotomayor appeal to the audience?

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    It demonstrates the importance of ethnicity as part of identity.

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    1/7 Created by hazouar1

    Terms in this set (7)

    What is the purpose of Sotomayor's speech?

    to persuade listeners to agree that it is important to have more diverse judges

    How does the culturally specific language used by Sotomayor appeal to the audience?

    It demonstrates the importance of ethnicity as part of identity.

    What is the author's intended tone, based on her use of the word grossly?

    one expressing outrage

    Which phrases have strong connotations that support the author's purpose? Check all that apply.

    deeply confused image"

    "race- and color-blind way"

    "perpetual tension"

    How do the underlined phrases affect the meaning and tone of this passage?

    They express a moral dilemma.

    What type of appeal does the speaker use in this passage?

    logos

    How does the use of this appeal support the author's purpose?

    it uses facts

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    Sotomayor's 'Wise Latina' Line Maybe Not So Wise : The Two

    Even before she appears before the Senate Judiciary Committee for her confirmation hearings, Judge Sonia Sotomayor can expect Senate Republicans to grill her on the wise-Latina-versus-white-man line in her by now famous

    The Two-Way

    AMERICA

    Sotomayor's 'Wise Latina' Line Maybe Not So Wise

    May 27, 200912:48 PM ET

    FRANK JAMES

    Even before she appears before the Senate Judiciary Committee for her confirmation hearings, Judge Sonia Sotomayor can expect Senate Republicans to grill her on the wise-Latina-versus-white-man line in her by now famous 2001 speech.

    In this Nov. 6, 1998 file photo, Peter White helps newly-inducted Judge Sonia Sotomayor put on her robe shortly after she took the oath of office as a judge on the U.S. Court of Appeals at the U.S. Courthouse in New York.

    AP Photo/Adam Nadel, file

    If she's really the wise Latina she seems to think, she's probably wishing right about now that she had never uttered those words since they give her political opponents a very exploitable angle of attack they otherwise wouldn't have. And she will have the somewhat uncomfortable situation of explaining what she meant to the mostly white men in the Senate who will vote on her confirmation.

    The line come from a speech Sotomayor gave during a symposium at the University of California School of Law at Berkeley. The conference's theme was: Raising the Bar: Latino and Latina Presence in the Judiciary and the Struggle for Representation.

    One point of Sotomayor's speech was that the life experiences of women and minorities in the law often informs their work leading to an ultimate outcome of greater overall justice.

    She was taking on the views of a colleague, federal district court judge Miriam Goldman Cedarbaum who, among other things, was the judge who threw the book at Martha Stewart.

    Sotomayor describes conversations she had with Cedarbaum in which her colleague had opined that judges should strive to scrupulously keep their gender and race or ethnicity from impacting their decisions.

    Sponsor Message

    To this, Sotomayor said:

    While recognizing the potential effect of individual experiences on perception, Judge Cedarbaum nevertheless believes that judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law. Although I agree with and attempt to work toward Judge Cedarbaum's aspiration, I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.

    That passage alone would give many conservative senators pause since some will interpret the passage as Sotomayor saying that it's all right for women and men of color to put a thumb on the scales of justice.

    Sotomayor gave an example of how the presence of women judges indeed makes a difference in ways observed by legal scholars:

    ... I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that--it's an aspiration because it denies the fact that we are by our experiences making different choices than others. Not all women or people of color, in all or some circumstances or indeed in any particular case or circumstance but enough people of color in enough cases, will make a difference in the process of judging. The Minnesota Supreme Court has given an example of this. As reported by Judge Patricia Wald formerly of the D.C. Circuit Court, three women on the Minnesota Court with two men dissenting agreed to grant a protective order against a father's visitation rights when the father abused his child. The Judicature Journal has at least two excellent studies on how women on the courts of appeal and state supreme courts have tended to vote more often than their male counterpart to uphold women's claims in sex discrimination cases and criminal defendants' claims in search and seizure cases. As recognized by legal scholars, whatever the reason, not one woman or person of color in any one position but as a group we will have an effect on the development of the law and on judging.

    Sponsor Message

    That seems straightforward enough, that if you get enough women or people of color on the bench, their life experiences will impact the evolution of the law.

    But a few paragraphs later, she uttered one of her speech's most controversial lines. Here's the relevant passage:

    Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.

    Source : www.npr.org

    [Senate Hearing 111-503]

    [From the U.S. Government Publishing Office]

    S. Hrg. 111-503

    CONFIRMATION HEARING ON THE NOMINATION OF HON. SONIA SOTOMAYOR, TO BE

    AN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES

    =======================================================================

    HEARING before the

    COMMITTEE ON THE JUDICIARY

    UNITED STATES SENATE

    ONE HUNDRED ELEVENTH CONGRESS

    FIRST SESSION __________ JULY 13-16, 2009 __________ Serial No. J-111-34 __________

    Printed for the use of the Committee on the Judiciary

    U.S. GOVERNMENT PRINTING OFFICE

    55-940 WASHINGTON : 2010

    -----------------------------------------------------------------------

    For Sale by the Superintendent of Documents, U.S. Government Printing Office

    Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800

    Fax: (202) 512�092104 Mail: Stop IDCC, Washington, DC 20402�090001

    PATRICK J. LEAHY, Vermont, Chairman

    HERB KOHL, Wisconsin JEFF SESSIONS, Alabama

    DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah

    RUSSELL D. FEINGOLD, Wisconsin CHARLES E. GRASSLEY, Iowa

    CHARLES E. SCHUMER, New York JON KYL, Arizona

    RICHARD J. DURBIN, Illinois LINDSEY O. GRAHAM, South Carolina

    BENJAMIN L. CARDIN, Maryland JOHN CORNYN, Texas

    SHELDON WHITEHOUSE, Rhode Island TOM COBURN, Oklahoma

    AMY KLOBUCHAR, Minnesota

    EDWARD E. KAUFMAN, Delaware

    ARLEN SPECTER, Pennsylvania

    AL FRANKEN, Minnesota

    Bruce A. Cohen, Chief Counsel and Staff Director

    Matt Miner, Republican Chief Counsel

    C O N T E N T S ---------- JULY 13-16, 2009

    STATEMENTS OF COMMITTEE MEMBERS

    Page

    Cardin, Hon. Benjamin L., a U.S. Senator from the State of

    Maryland....................................................... 29

    prepared statement........................................... 824

    Coburn, Hon. Tom, a U.S. Senator from the State of Oklahoma...... 38

    Cornyn, Hon. John, a U.S. Senator from the State of Texas........ 32

    prepared statement........................................... 853

    Durbin, Hon. Richard J., a U.S. Senator from the State of

    Illinois....................................................... 40

    prepared statement........................................... 870

    Feingold, Hon. Russell D., a U.S. Senator from the State of

    Wisconsin...................................................... 19

    prepared statement........................................... 884

    Feinstein, Hon. Dianne, a U.S. Senator from the State of

    California..................................................... 14

    prepared statement........................................... 887

    Franken, Hon. Al, a U.S. Senator from the State of Minnesota..... 51

    prepared statement........................................... 896

    Graham, Hon. Lindsey, a U.S. Senator from the State of South

    Carolina....................................................... 26

    Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa. 16

    prepared statement........................................... 916

    Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah...... 11

    prepared statement........................................... 926

    Kaufman, Hon. Edward E., a U.S. Senator from the State of

    Delaware....................................................... 46

    prepared statement........................................... 979

    Klobuchar, Hon. Amy, a U.S. Senator from the State of Minnesota.. 43

    prepared statement........................................... 991

    Kohl, Hon. Herb, a U.S. Senator from the State of Wisconsin...... 8

    prepared statement........................................... 996

    Kyl, Hon. Jon, a U.S. Senator from the State of Arizona.......... 21

    prepared statement........................................... 1005

    Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont. 2

    prepared statement........................................... 1085

    Schumer, Hon. Charles E., a U.S. Senator from the State of New

    York........................................................... 24

    prepared statement........................................... 1307

    Sessions, Hon. Jeff, a U.S. Senator from the State of Alabama.... 5

    prepared statement........................................... 1318

    Specter, Hon. Arlen, a U.S. Senator from the State of

    Pennsylvania................................................... 48

    Whitehouse, Hon. Sheldon, a U.S. Senator from the State of Rhode

    Island......................................................... 35

    prepared statement........................................... 1383

    PRESENTERS

    Gillibrand, Hon. Kirsten E., a U.S. Senator from the State of New

    York, presenting Sonia Sotomayor, Nominee to be an Associate

    Justice of the Supreme Court of the United States.............. 55

    Schumer, Hon. Charles E., a U.S. Senator from the State of New

    York presenting Sonia Sotomayor, Nominee to be an Associate

    Justice of the Supreme Court of the United States.............. 54

    Source : www.govinfo.gov

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