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Full-Text Articles in Law

Deontic Meta-Rules, Francesco Olivieri, Guido Governatori, Matteo Cristani, Antonino Rotolo, Abdul Sattar Sep 2023

Deontic Meta-Rules, Francesco Olivieri, Guido Governatori, Matteo Cristani, Antonino Rotolo, Abdul Sattar

Centre for Computational Law

The use of meta-rules in logic, i.e., rules whose content includes other rules, has recently gained attention in the setting of non-monotonic reasoning: a first logical formalisation and efficient algorithms to compute the (meta)-extensions of such theories were proposed in Olivieri et al. (2021, Computing defeasible meta-logic. In JELIA 2021, LNCS, vol. 12678, pp. 69-84. Springer.). This work extends such a logical framework by considering the deontic aspect. The resulting logic will not just be able to model policies but also tackle well-known aspects that occur in numerous legal systems. The use of Defeasible Logic to model meta-rules in the …


Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate Jan 2023

Changemakers: The Long Road To The Law : Kiron Ireland, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2022

Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Governing The Interface Between Natural And Formal Language In Smart Contracts, Joshua A.T. Fairfield, Niloufer Selvadurai Jan 2022

Governing The Interface Between Natural And Formal Language In Smart Contracts, Joshua A.T. Fairfield, Niloufer Selvadurai

Scholarly Articles

Much of the confusion about the proper regulation of smart contracts stems from the fact that both code and law are expressed in language. Natural (human) and formal (computer) languages are profoundly different, however. Natural language in the form of a true legal contract expresses human meaning and expectation. Code simply acts, and when code acts contrary to the understanding of the parties to a contract, courts must have a theoretical and legal basis in order to intervene--which this Article provides.

Present scholarship on the governance of smart contracts centers on logistical problems relating to the effects of automation on …


“You Keep Using That Word”: Why Privacy Doesn’T Mean What Lawyers Think, Joshua A.T. Fairfield Jan 2022

“You Keep Using That Word”: Why Privacy Doesn’T Mean What Lawyers Think, Joshua A.T. Fairfield

Scholarly Articles

This article explores how the need to define privacy has impeded our ability to protect it in law.

The meaning of “privacy” is notoriously hard to pin down. This article contends that the problem is not with the word “privacy,” but with the act of trying to pin it down. The problem lies with the act of definition itself and is particularly acute when the words in question have deep-seated and longstanding common-language meanings, such as liberty, freedom, dignity, and certainly privacy. If one wishes to determine what words like these actually mean to people, definition is the wrong tool …


Metaphors Of International Law, Harlan G. Cohen Dec 2021

Metaphors Of International Law, Harlan G. Cohen

Scholarly Works

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …


Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson Jul 2021

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

French Summer Fellows

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …


Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson Jul 2021

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

Modern Languages Presentations

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …


Does Justice Have A Syntax?, Steven L. Winter Jun 2021

Does Justice Have A Syntax?, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law Mar 2021

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2021

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Culturally Diverse Expert Teams Have Yet To Bring Comprehensive Linguistic Diversity To Intergovernmental Ecosystem Assessments, Abigail J. Lynch, Fernández-Llamazares Álvaro, Ignacio Palomo, Pedro Jaureguiberry, Amano Tatsuya, Zeenatul Basher, Michelle Lim, Tuyeni Heita Mwampamba, Aibek Samakov, Odirilwe Selomane, Michelle Mei Ling Lim Feb 2021

Culturally Diverse Expert Teams Have Yet To Bring Comprehensive Linguistic Diversity To Intergovernmental Ecosystem Assessments, Abigail J. Lynch, Fernández-Llamazares Álvaro, Ignacio Palomo, Pedro Jaureguiberry, Amano Tatsuya, Zeenatul Basher, Michelle Lim, Tuyeni Heita Mwampamba, Aibek Samakov, Odirilwe Selomane, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

Multicultural representation is a stated goal of many global scientific assessment processes. These processes aim to mobilize a broader, more diverse knowledge base and increase legitimacy and inclusiveness of these assessment processes. Often, enhancing cultural diversity is encouraged through involvement of diverse expert teams and sources of knowledge in different languages. In this article, we examine linguistic diversity, as one representation of cultural diversity, in the eight published assessments of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES). Our results show that the IPBES assessment outputs are disproportionately filtered through English-language literature and authors from Anglophone countries. To …


John Stuart Mill’S Harm Principle And Free Speech: Expanding The Notion Of Harm, Melina Constantine Bell Jan 2021

John Stuart Mill’S Harm Principle And Free Speech: Expanding The Notion Of Harm, Melina Constantine Bell

Scholarly Articles

This article advocates employing John Stuart Mill’s harm principle to set the boundary for unregulated free speech, and his Greatest Happiness Principle to regulate speech outside that boundary because it threatens unconsented-to harm. Supplementing the harm principle with an offense principle is unnecessary and undesirable if our conception of harm integrates recent empirical evidence unavailable to Mill. For example, current research uncovers the tangible harms individuals suffer directly from bigoted speech, as well as the indirect harms generated by the systemic oppression and epistemic injustice that bigoted speech constructs and reinforces. Using Mill’s ethical framework with an updated notion of …


Victims, Right?, Anna Roberts Jan 2021

Victims, Right?, Anna Roberts

Faculty Publications

In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks …


Changemakers: Coming Full Circle, Roger Williams University School Of Law Jan 2021

Changemakers: Coming Full Circle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Mischief Rule, Samuel L. Bray Jan 2021

The Mischief Rule, Samuel L. Bray

Journal Articles

The mischief rule tells an interpreter to read a statute in light of the “mischief” or “evil”—the problem that prompted the statute. The mischief rule has been associated with Blackstone’s appeal to a statute’s “reason and spirit” and with Hart-and-Sacks-style purposivism. Justice Scalia rejected the mischief rule. But the rule is widely misunderstood, both by those inclined to love it and those inclined to hate it. This Article reconsiders the mischief rule. It shows that the rule has two enduringly useful functions: guiding an interpreter to a stopping point for statutory language that can be given a broader or narrower …


The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law Dec 2020

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Numbers, Patrick Barry Nov 2020

Numbers, Patrick Barry

Articles

Numbers can be numbing. Depend too much on them to make your case, pitch your product, or tell your story, and you risk losing your audience. This essay offers a way to way to use numbers—both large and small—in a manner that is at once more compelling and more concrete.


Errors And Insights, Patrick Barry Oct 2020

Errors And Insights, Patrick Barry

Articles

In Seeing What Other's Don't, the psychologist Gary Klein suggests that only focusing on reducing errors limits our ability to improve. We also need to spend time increasing insights. This short essay applies Klein's approach to writing and editing.


The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler Oct 2020

The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler

Articles

Two little known clauses of a Reconstruction-era civil rights statute are potentially powerful weapons for litigators seeking to protect the integrity of federal elections. For the clauses to achieve their potential, however, the courts will need to settle correctly a contested question of statutory interpretation: do the clauses create substantive rights, or do they merely create remedies for substantive rights specified elsewhere? The correct answer is that the clauses create substantive rights.


Rhetorical Repetition, Patrick Barry Aug 2020

Rhetorical Repetition, Patrick Barry

Articles

When it comes to persuading judges, boardrooms, or even just co-workers, many lawyers shy away from repetition. They remain committed to the idea, often developed in college, that good writing is associated with having (and showing) a big vocabulary. They mistakenly think the best thesaurus wins. This essay explores that error and offers ways to correct it.


Patent Law’S Purposeful Ambiguity, Craig Allen Nard Jan 2020

Patent Law’S Purposeful Ambiguity, Craig Allen Nard

Faculty Publications

The ambiguity of language is an unremarkable, yet persistent force within our legal system. In the context of patent law, ambiguity presents a particularly acute dilemma; namely, while describing technological innovations is a salient feature of the patent system, affecting the validity and scope of one’s property right, the blunt nature of language makes this task particularly difficult. This paper argues to address this vexing fixture, patent doctrine purposely embraces ambiguity as a linguistic accommodation that provides measured flexibility for actors to claim and describe their innovations. It should not be surprising, therefore, that some of patent law’s most venerable …


Color-Blind But Not Color-Deaf: Accent Discrimination In Jury Selection, Jasmine Gonzales Rose Jan 2020

Color-Blind But Not Color-Deaf: Accent Discrimination In Jury Selection, Jasmine Gonzales Rose

Faculty Scholarship

Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too often deemed acceptable to exclude jurors because they sound like racial minorities. The fact that accent discrimination is commonly racial, ethnic, and national origin discrimination is overlooked. This Article critically examines sociolinguistic scholarship to explain the relationship between accent, race, and racism. It argues that accent discrimination in jury …


Law School News: Meet Rwu Laws New Director Of Diversity, Michael M. Bowden Oct 2019

Law School News: Meet Rwu Laws New Director Of Diversity, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Learning From Feminist Judgments: Lessons In Language And Advocacy, Bridget J. Crawford, Linda L. Berger, Kathryn M. Stanchi Oct 2019

Learning From Feminist Judgments: Lessons In Language And Advocacy, Bridget J. Crawford, Linda L. Berger, Kathryn M. Stanchi

Elisabeth Haub School of Law Faculty Publications

This essay offers a perspective-shifting approach to meeting some of our pedagogical goals in law school: the study of re-imagined judicial decisions. Our thesis is that exposing students to “alternative judgments”—opinions that have been rewritten by authors who look at the law and the facts differently—will help students develop a more realistic and nuanced view of judicial decision-making: one that is aspirational and based in the real world, and one that allows them to envision their futures as successful advocates. The “alternative judgments” of the feminist judgments projects can enrich the law-school experience in multiple ways. First, seeing a written …


Corresponding Ideas In Corresponding Forms, Patrick Barry Aug 2019

Corresponding Ideas In Corresponding Forms, Patrick Barry

Articles

Don’t make the mistake of thinking that content always comes before structure. You don’t need to figure out all your ideas before you decide how to organize them. Much value can come from going in the opposite direction: first figure out how you are going to organize your ideas—their appropriate structure—and then determine the appropriate content. I often offer law students the following suggestion: “Once you find the right structure, perhaps it will be easier to find the right content.”


Uselessly Accurate, Patrick Barry May 2019

Uselessly Accurate, Patrick Barry

Articles

There is an accuracy that defeats itself by the overemphasis in details," Justice Benjamin Cardozo wrote in his 1925 collection Law and Literature and Other Essays and Addresses. The problem hasn't gone away, as any reader of legal briefs, contracts, and memos can attest. This essay offers a few ways to help.


Good Sentences, Patrick Barry Feb 2019

Good Sentences, Patrick Barry

Articles

To write good sentences, you need to read good sentences. Skilled writers and editors know this, so they seek out good sentences wherever they can find them—the short stories of Alice Munro, the political essays of William F. Buckley, even well-crafted cartoons, speeches, and advertisements. They read not just with voracity but also with an eye toward larceny, always on the lookout for moves that they can learn and repurpose.


The Most Revealing Word In The United States Report, Richard Primus Jan 2019

The Most Revealing Word In The United States Report, Richard Primus

Articles

The most prominent issue in NFIB v. Sebelius was whether Congress’s regulatory power under the Commerce Clause stops at a point marked by a distinction between “activity” and “inactivity.” According to the law’s challengers, prior decisions about the scope of the commerce power already reflected the importance of the distinction between action and inaction. In all of the previous cases in which exercises of the commerce power had been sustained, the challengers argued, that power had been used to regulate activity. Never had Congress tried to regulate mere inactivity. In NFIB, four Justices rejected that contention, writing that such …


On The Values Of Words, Michael J. Cedrone Jan 2019

On The Values Of Words, Michael J. Cedrone

Georgetown Law Faculty Publications and Other Works

Mary Norris' Between You and Me: Confessions of a Comma Queen and Kory Stamper's Word by Word: The Secret Life of Dictionaries use observations about language as a touchstone for a nuanced examination of deeper truths about language, culture, and law in a changing world. In so doing, they point to deeper truths about the use of language and its consequences. Law students, lawyers, and law professors will benefit from journeying with Norris and Stamper towards the goal of crafting prose that is clear, accurate, and inclusive. In particular, the legal community will benefit from the books' efforts to define …