Minow Prompt 1 - Brian Ernst WRTG 1150-049 Word Count 465...

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Brian Ernst WRTG 1150-049 Word Count: 465 Prompt 1 The third assumption that Martha Minow uses to underlie the concept of difference is one of perspective. A perspective is a mental view or prospect that describes a person’s ability to view concepts from a particular viewpoint. Minow describes the assumption that one can see without a perspective, as a large barrier in the way of legal neutrality. Minow begins her argument by looking at a court case where the defendant tried to disqualify Judge Constance Baker Motley from sitting on a case because she was a black woman and that these two qualities, being black and a woman, would restrict her from providing an unbiased neutral decision. Minow quoted Judge Motley’s response to the defendant “’ if background or sex or race of each judge were by definition sufficient grounds for removal, no judge on this court could here this case… by virtue of the fact that all of them were attorneys, of a sex, often with distinguished law firm or public service backgrounds.’” (P.61) It is from this point made by Judge Motley, Minow
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  • Fall '07
  • JONES,BRIS
  • Supreme Court of the United States, Sandra Day O'Connor, William Rehnquist, Samuel Alito, Antonin Scalia, Martha Minow

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