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Outing Courtesy: The Role of Rude Dissent in Rule of Law Systems

Published online by Cambridge University Press:  27 December 2018

Susan Burgess
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Abstract

This essay critically examines Keith Bybee's All Judges Are Political, Except When They Are Not. Although Bybee's creative use of the cultural form of courtesy helps us better understand the consensus-building and legitimating features of rule-of-law systems, it overlooks the role that rude dissent can play in exposing the violent, exclusionary, and materially disadvantaging aspects of such systems. Using examples of outing closeted public figures and the rude AIDS activism of the 1990s, this essay explores the rule of law from the perspective of those who are subject to it.

Type
Review Essay
Information
Law & Social Inquiry , Volume 38 , Issue 1 , Winter 2013 , pp. 206 - 214
Copyright
Copyright © American Bar Foundation, 2013 

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References

AP. 1985a. Colorado Lists Those Exposed to AIDS Virus. New York Times, August 24.Google Scholar
AP. 1985b. Poll Indicates Majority Favor Quarantine for AIDS Victims. New York Times, December 20.Google Scholar
AP. 1991. Bush Assails Tactics Used by AIDS Lobby. New York Times, April 21.Google Scholar
Bruni, Frank. 1997. A Decade‐Old Activism of Unmitigated Gall Is Fading. New York Times, March 21.Google Scholar
Buckley, William F. 1986. Crucial Steps in Combating the AIDS Epidemic: Identify All the Carriers. New York Times, March 18.Google Scholar
Burgess, Susan R. 2008. The Founding Fathers, Pop Culture, and Constitutional Law: Who's Your Daddy? Aldershot, UK: Ashgate.Google Scholar
Burgess, Susan R. 2011. The New York Times on Gay and Lesbian Issues. Washington, DC: CQ Press.Google Scholar
Caldiera, Gregory, Gibson, James, and Spence, Lester. 2003. The Supreme Court and the US Presidential Election of 2000: Wounds, Self‐Inflicted or Otherwise? British Journal of Political Science 33:535–556.Google Scholar
Carroll, Maurice. 1985. State Permits Closing of Bathhouses to Cut AIDS. New York Times, October 26.Google Scholar
Cover, Robert. 1986. Violence and the Word. Yale Law Journal 95:1601–1629.Google Scholar
DeParle, Jason. 1990. Rude, Rash, Effective, Act‐Up Shifts AIDS Policy. New York Times, January 3.Google Scholar
Dunlap, David W. 1996. A Republican Congressman Discloses He Is a Homosexual. New York Times, August 3.Google Scholar
Ferguson, Kathy E. 2011. Emma Goldman: Political Thinking in the Streets. Lanham, MD: Rowman and Littlefield.Google Scholar
Fish, Stanley. 2000. The High‐Minded Fight Over Florida. New York Times, November 15.Google Scholar
Gillman, Howard. 1993. The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence. Durham, NC: Duke University Press.Google Scholar
Greenhouse, Linda. 1987. Public Man, Private Life: Why a Congressman Told of His Homosexuality. New York Times, June 3.Google Scholar
Hilts, Phillip J. 1990. 82 Held in Protest on Pace of AIDS Research. New York Times, May 22.Google Scholar
Hirschmann, Albert O. 1977. The Passions and the Interests: Political Arguments for Capitalism Before Its Triumph. Princeton, NJ: Princeton University Press.Google Scholar
Johnson, Dirk. 1990. Privacy v. the Pursuit of Gay Rights. New York Times, March 27.Google Scholar
Kaufman‐Osborn, Timothy. 2009. Perfect Execution: Abolitionism and the Paradox of Lethal Injection. New York: New York University Press.Google Scholar
Keating, Christine. 2011. Decolonizing Democracy: Transforming the Social Contract in India. University Park: Pennsylvania State University.Google Scholar
Lokaneeta, Jinee. 2011. Transnational Torture: Law, Violence, and State Power in the United States and India. New York: New York University Press.Google Scholar
New York Times. 1991. AIDS Protesters Enter Sets of 2 Newscasts. New York Times, January 23.Google Scholar
Rollins, Joe. 2004. AIDS and the Sexuality of Law: Ironic Jurisprudence. New York: Palgrave Macmillan.Google Scholar
Sarat, Austin, and Kearns, Thomas, eds. 1992. Law's Violence. Ann Arbor: University of Michigan Press.Google Scholar