Laura Ray (Widener University - Delaware Law School) has posted Linking Law and Life: Justice Sotomayor's Judicial Voice (Buffalo Law Review Vol. 64) on SSRN. Here is the abstract:
In her first two terms on the Supreme Court, Justice Sonia Sotomayor has crafted a distinctive judicial voice that speaks to her readers in a remarkably conversational tone. She employs a variety of rhetorical devices: invocations to "remember" or "pretend"; informal and even colloquial diction; a diverse assortment of similes and metaphors; and parenthetical interjections that guide the reader's response. These strategies engage the reader in much the same way that Sotomayor as law professor may well have worked to engage her students, and in the context of judicial opinions they serve several purposes. They make Sotomayor's opinions accessible to lay readers as well as legal professionals, a goal she has specified. More generally, her conversational style works to persuade her readers that her arguments are grounded in both legal doctrine and the familiar texture of human experience.