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Articles 1 - 5 of 5
Full-Text Articles in Law
Considering The Therapeutic Consequences Of Recent Reforms To Civil Statutes Of Limitations For Child Sexual Abuse Claims, Emma Hetherington
Considering The Therapeutic Consequences Of Recent Reforms To Civil Statutes Of Limitations For Child Sexual Abuse Claims, Emma Hetherington
Scholarly Works
In recent years, child sexual abuse has emerged as a major topic of news, documentaries, and Hollywood films. Public attention on child sexual abuse, including the Boston Globe's reporting on the sexual abuse of children by priests in the Catholic Church, sexual abuse of elite gymnasts, and the #MeToo movement, have brought increased attention to the issue, sparking calls for reform and access to justice. State legislatures across the country have answered these calls for reform by seeking to improve civil statutes of limitation in order to increase survivor access to justice. Between 2002 and 2020, forty-eight states and the …
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
The Elastics Of Snap Removal: An Empirical Case Study Of Textualism, Thomas O. Main, Jeffrey W. Stempel, David Mcclure
Scholarly Works
This article reports the findings of an empirical study of textualism as applied by federal judges interpreting the statute that permits removal of diversity cases from state to federal court. The “snap removal” provision in the statute is particularly interesting because its application forces judges into one of two interpretive camps—which are fairly extreme versions of textualism and purposivism, respectively. We studied characteristics of cases and judges to find predictors of textualist outcomes. In this article we offer a narrative discussion of key variables and we detail the results of our logistic regression analysis. The most salient predictive variable was …
Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel
Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel
Scholarly Works
In Part I, I discuss the reasons why corpus linguistics should not be considered in isolation from contextual factors, as the latter often illuminate meanings that cannot be found from simply chronicling the usage of a given word. In Part II, I demonstrate, through the lens of three Supreme Court cases, that corpus linguistics does not aid interpretation when the words of a statute or document are clear, but their application to the facts at hand is not. My critique of corpus linguistics mirrors the larger, long-running, and ongoing debate of the merits of a more textual approach to interpretation …
Equality And Access To Credit: A Social Contract Framework, John Linarelli
Equality And Access To Credit: A Social Contract Framework, John Linarelli
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The problems governments face in regulating consumer finance fall into two categories: normative and cognitive. The normative problems have to do with the way that some governments, particularly those adhering to an American model of household finance, have financed social mobility and intergenerational welfare through debt, a tenuous and socially risky policy choice. Credit has a substantial social aspect to it in the United States, where the federal government has in some way engaged in subsidizing about 1/3 of consumer credit, particularly in the residential mortgage market, feeding into a substantial capital markets dimension through government-guaranteed securitization. Most Americans think …
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Scholarly Works
No abstract provided.