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Articles 1 - 27 of 27
Full-Text Articles in Law
Polysemy And The Law, Daniel J. Hemel
Polysemy And The Law, Daniel J. Hemel
Vanderbilt Law Review
Polysemy-the existence of multiple related meanings for the same word or phrase-is a frequent phenomenon in legal and lay language. Although polysemy sometimes arises by accident, it also can be strategic: framers of legal rules can advance private and public interests by assigning meanings to terms that are different from-though connected to-the meanings that those terms carry outside the law. Understanding the functions of polysemy can help us design more effective legal rules and can shed light on ways in which legal actors translate language into power.
This Article undertakes a comprehensive analysis of polysemy's origins, uses, and consequences across …
Emerging Technology's Language Wars: Cryptocurrency, Carla L. Reyes
Emerging Technology's Language Wars: Cryptocurrency, Carla L. Reyes
William & Mary Law Review
Work at the intersection of blockchain technology and law suffers from a distinct linguistic disadvantage. As a highly interdisciplinary area of inquiry, legal researchers, lawmakers, researchers in the technical sciences, and the public all talk past each other, using the same words, but as different terms of art. Evidence of these language wars largely derives from anecdote. To better assess the nature and scope of the problem, this Article uses corpus linguistics to reveal the inherent value conflicts embedded in definitional differences and debates related to developing regulation in one specific area of the blockchain technology ecosystem: cryptocurrency. Using cryptocurrency …
The History Of The Plain Language Movement And Legal Language And An Analysis Of Us Nuclear Treaty Language, Hannah Bradford Clauss
The History Of The Plain Language Movement And Legal Language And An Analysis Of Us Nuclear Treaty Language, Hannah Bradford Clauss
Chancellor’s Honors Program Projects
No abstract provided.
The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith
The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith
St. Mary's Law Journal
Abstract forthcoming.
Legal Language: Expansion, Consolidation, Resistance, Robert L. Tsai
Legal Language: Expansion, Consolidation, Resistance, Robert L. Tsai
Faculty Scholarship
Legal language in America, a species of the political discourse of popular sovereignty, underwent significant changes during the nineteenth century. Beyond dramatic changes in the technologies of language, two major sociolegal dynamics of political development drove linguistic innovation during the nineteenth century: expansion and consolidation. Religious revivals and political reform movements, including a number of utopian projects, spread the language of liberty and popular consent as groups migrated west. The sensational 1829 pamphlet known as Walker's Appeal turned America's language of political liberty against the slave trade. David Walker, a former slave, directed his words primarily to the colored people …
Introductory Statement, Rosalyn Higgins
Introductory Statement, Rosalyn Higgins
Georgia Journal of International & Comparative Law
No abstract provided.
The Language Of Data Privacy Law (And How It Differs From Reality), Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
The Language Of Data Privacy Law (And How It Differs From Reality), Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff
Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff
Missouri Law Review
As law became more of a publicly traded commodity in the 1990s, courts, including the Supreme Court of Missouri, began to hire public information officers. It may strike you as odd, when you think about it, as to why a court that communicates with words would need someone assigned to explain to the wordsmiths of the media – and sometimes to the public itself – what judges meant by the collections of words in their judicial opinions. But today, we take it for granted that public information officers are essential to the operation of a state supreme court, and although …
The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield
The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield
Chancellor’s Honors Program Projects
No abstract provided.
Why Plain Meaning, David A. Strauss
Misreading And Mobility In Constitutional Texts: A Nineteenth Century Case, Iza Hussin
Misreading And Mobility In Constitutional Texts: A Nineteenth Century Case, Iza Hussin
Indiana Journal of Global Legal Studies
This article explores the case of the adoption of Southeast Asia's first constitution (Johor, 1895) to articulate a fundamental problem of translation-the ambiguity and multiplicity of law's language. Closer attention to this problem helps raise a number of possibilities for rethinking the relationship between law, language, and mobility: firstly, polyphony, dissonance, and divergence in law's language reveals a plethora of political possibilities, audiences, and actors in the making of law; secondly, these ambiguities and multiplicities are integral to law's mobility; thirdly, rather than transmissions of law from center to periphery, law moves in circulations that are iterative, contingent, and patterned. …
“What We’Ve Got Here Is Failure To Communicate”: The Plain Writing Act Of 2010, Rachel Stabler
“What We’Ve Got Here Is Failure To Communicate”: The Plain Writing Act Of 2010, Rachel Stabler
Articles
No abstract provided.
Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States, Alexander J. Sisemore
Straying From The Written Path: How The Supreme Court Eviscerated The Plain Meaning Of The Mvra’S Ninety-Day Deadline Provision And Legislated From The Bench In Dolan V. United States, Alexander J. Sisemore
Oklahoma Law Review
No abstract provided.
The "Existing Indian Family" Exception To The Indian Child Welfare Act: The States' Attempt To Slaughter Tribal Interests In Indian Children, Cheyañna L. Jaffke
The "Existing Indian Family" Exception To The Indian Child Welfare Act: The States' Attempt To Slaughter Tribal Interests In Indian Children, Cheyañna L. Jaffke
Louisiana Law Review
No abstract provided.
Forensic Linguistics: An Introduction To Language In The Justice System, By John Gibbons, Drury Stevenson
Forensic Linguistics: An Introduction To Language In The Justice System, By John Gibbons, Drury Stevenson
University of Colorado Law Review
John Gibbons's book Forensic Linguistics provides an excellent introduction to the different areas of interdisciplinary studies involving linguistics and law. Gibbons explores many of the unique linguistic features of legal writing and courtroom speech, and discusses legal regulation of inappropriate uses of language (threats, lies, etc). This review surveys each of these sections of Gibbons's work, and adds in depth critique on issues related to "audience design " in legal documents and the linguistic pitfalls of relying on trial transcripts.
2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell
2003 - A Year Of Discovery: Cybergenics And Plain Meaning In Bankruptcy Cases, Marjorie O. Rendell
Villanova Law Review
No abstract provided.
The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti
The Discrepancy In Bankruptcy Code Section 330: Can A Chapter 7 Debtor's Attorney Collect Fees From The Bankruptcy Estate?, Frank Misiti
Hofstra Law Review
No abstract provided.
Law As Language (Reviewing Peter M. Tiersma, Legal Language (1999)), Francis J. Mootz Iii
Law As Language (Reviewing Peter M. Tiersma, Legal Language (1999)), Francis J. Mootz Iii
Scholarly Works
The jacket of Professor Peter Tiersma’s book Legal Language illustrates the problem inherent in a linguistic study of legal language. The jacket features a legal document in fine print, with an overlay of a magnifying glass that brings some of the indecipherable words into focus. The problem, of course, is that a scholar conducting a linguistic study of language does not have access to a distinct "magnifying glass" that can posit language as an object; he can study language only with language.
Tiersma attempts to avoid the most difficult problems of self-reference that follow from the "interpretive turn" in social …
The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim
The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim
Kentucky Law Journal
No abstract provided.
Law And Linguistics: Is There Common Ground?, William D. Popkin
Law And Linguistics: Is There Common Ground?, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
When The Plain Meaning Of A Statute Is Not So Plain: The Supreme Court's Interpretation Of Rcra's Clarification Of The Household Waste Exclusion: City Of Chicago V. Environmental Defense Fund, Emily Abbott
Villanova Environmental Law Journal
No abstract provided.
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Faculty Scholarship
This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
Book Chapters
Almost everyone who is not trained in the law has struggled to understand legal documents, such as contracts and guarantees - not because they read poorly but because they lack legal knowledge and experience with legal language. Readers can experience the same difficulty in other fields such as philosophy, literary theory, or economics; it takes time to gain the knowledge required to become an expert reader in these areas. However, between the extremes of the trained legal expert and the complete novice is "another possible meaning of legal literacy: the degree of competence in legal discourse that is required for …
Excursions Into The Nature Of Legal Language, Mary Jane Morrison
Excursions Into The Nature Of Legal Language, Mary Jane Morrison
Cleveland State Law Review
In this article, I explore some of the truths on each side of the issue of whether the language of the law is a technical language and whether lawyers speak in a technical language when they speak with each other about the law. In Part I of this article, I examine the due process limitations on the thesis that the law is in a technical language and I draw distinctions between speaking carefully and speaking technically. In Part II, I set out the technical language views of H.L.A. Hart and Charles Caton. By taking back-bearings on the views of Hart …
Writing In A Different Voice, Elizabeth Perry Hodges
Writing In A Different Voice, Elizabeth Perry Hodges
Articles by Maurer Faculty
No abstract provided.
Should Plain English Be Legislated?, F. Reed Dickerson
Should Plain English Be Legislated?, F. Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Mellinkoff: The Language Of The Law, Ronald L. Goldfarb
Mellinkoff: The Language Of The Law, Ronald L. Goldfarb
Michigan Law Review
A Review of The Language of the Law. By David Mellinkoff