By studying landmark cases alongside works of literature, we can see how legal reasoning is infused with narrative choices, rhetorical style, and moral imagination.
This section introduces you to a few especially influential opinions and provides tools for finding more.
Palsgraf v. Long Island R. Co., 248 N.Y. 339– Judge Benjamin Cardozo’s opinion is a classic in both tort law and narrative technique, demonstrating how framing and causation can be constructed through storytelling.
Brown v. Bd. of Educ., 347 U.S. 483 – Chief Justice Earl Warren’s unanimous opinion employs plain yet powerful prose to explain the moral and social importance of desegregation.
Plessy v. Ferguson, 163 U.S. 537, dissent by Justice Harlan – Known for the line “Our Constitution is color-blind,” Harlan’s dissent illustrates the rhetorical power of judicial voice and prophetic language.
Roe v. Wade, 410 U.S. 113 – Justice Blackmun’s majority opinion reads like a historical essay, weaving medical, legal, and cultural narratives into constitutional reasoning.
Bush v. Gore, 531 U.S. 98 – A controversial decision with multiple concurrences and dissents that highlight how judicial language frames legitimacy and authority.
Obergefell v. Hodges, 576 U.S. 644 – Justice Kennedy’s opinion on same-sex marriage is notable for its poetic style and sweeping vision of dignity and love under the law.
As a law student, you have access to multiple resources for locating full-text judicial opinions: