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1995

Washington University Law Review

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Full-Text Articles in Law

Grades, Peter K. Rofes Jan 1995

Grades, Peter K. Rofes

Washington University Law Review

Make no mistake about it: Grades are a big deal in law school. A very big deal. Viewed from the perspective of students, just about every aspect of the law school experience-from job prospects to whether vending machines in the student lounge return the appropriate change-is affected by grades. In this respect, the law school represents a genuine meritocracy. Top grades earn students positions on the law review, invitations from respected law firms to come aboard for the summer, and membership in the school's chapter of the prestigious Almost-Justice Douglas H. Ginsburg Pizza, Bridge & Controlled Substances Society, a legal ...


Spendthrift Trusts And Public Policy: Economic And Cognitive Perspectives, Adam J. Hirsch Jan 1995

Spendthrift Trusts And Public Policy: Economic And Cognitive Perspectives, Adam J. Hirsch

Washington University Law Review

In Part I, I shall explore restraints against voluntary alienation: that is, restrictions on a beneficiary's right to terminate the arrangement-to take the money and run. In Part II, I shall proceed to restraints against involuntary alienation: that is, restrictions on creditors' rights to reach the trust corpus in order to satisfy their claims. Finally, in Part III, I take up the refinement of spendthrift trust doctrine: assuming the expediency of a general warrant to create spendthrift trusts, should lawmakers nonetheless carve out exceptions to their effectiveness?


The Limited Relevance Of Plain Meaning, Stephen F. Ross Jan 1995

The Limited Relevance Of Plain Meaning, Stephen F. Ross

Washington University Law Review

In this Article, I want to take the heretical position that linguists' principal expertise-ascertaining how language is used by ordinary speakers of English-is often of little value in interpreting controversial non-criminal federal statutes.


Salvaging The Undue Burden Standard—Is It A Lost Cause? The Undue Burden Standard And Fundamental Rights Analysis, Valerie J. Pacer Jan 1995

Salvaging The Undue Burden Standard—Is It A Lost Cause? The Undue Burden Standard And Fundamental Rights Analysis, Valerie J. Pacer

Washington University Law Review

No abstract provided.


Squeeze-Outs And Freeze-Outs In Limited Liability Companies, Franklin A. Gevurtz Jan 1995

Squeeze-Outs And Freeze-Outs In Limited Liability Companies, Franklin A. Gevurtz

Washington University Law Review

Part II of this Article will consider squeeze-outs, and Part III will look at freeze-outs. Part IV will conclude this Article with several specific suggestions that will aid drafters of LLC legislation in minimizing squeeze-out and freeze-out problems.


State-Legislated Family Leave: The Fmla's Panacea Or Erisa's Scourge?, Heather A. Suve Jan 1995

State-Legislated Family Leave: The Fmla's Panacea Or Erisa's Scourge?, Heather A. Suve

Washington University Law Review

No abstract provided.


Introduction: "What Is Meaning In A Legal Text?" A First Dialogue For Law And Linguistics, Judith N. Levi Jan 1995

Introduction: "What Is Meaning In A Legal Text?" A First Dialogue For Law And Linguistics, Judith N. Levi

Washington University Law Review

This Article begins by describing the development of interest within linguistics over the last two decades in the language of legal processes, continues by tracing the evolution of the conference from a 1993 collaborative research project carried out by one law professor and three linguists, and concludes with some personal observations of the author on the benefits that linguists like herself stand to gain from further interdisciplinary efforts in this domain.


Desperately Seeking Science, Francis J. Mootz Iii Jan 1995

Desperately Seeking Science, Francis J. Mootz Iii

Washington University Law Review

In this Article I offer a lawyer's view of what law and linguistics interdisciplinary studies might mean for legal practice, as well as a legal theorist's view of what importance they may hold for jurisprudence. I do not pretend to have more than cursory knowledge about linguistics, and so my remarks about what linguistics scholars might gain from an interdisciplinary exchange necessarily will be brief and general.


Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence M. Solan Jan 1995

Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence M. Solan

Washington University Law Review

First, I will discuss certain limits in the potential relevance of linguistic theory to legal analysis. In particular, even on its own terms, linguistics ordinarily will not be a source of authority about how legal documents should be interpreted. I will then discuss two areas in which I believe that linguistic analysis may be of some use to courts. The first, which will be touched on only briefly, involves the discussion by courts of statutes containing complex syntactic structures whose interpretations are in dispute. Although linguists ordinarily have no special ability to interpret such statutes, they may be of help ...


Regulatory Variables And Statutory Interpretation, William N. Eskridge Jr., Judith N. Levi Jan 1995

Regulatory Variables And Statutory Interpretation, William N. Eskridge Jr., Judith N. Levi

Washington University Law Review

In this Article, we shall use the hypothetical as the means to describe the intellectual puzzle that separates the two disciplines, specify and develop our idea of words or phrases as "regulatory variables," and suggest larger implications of our concept.


The Failed Promise Of Regulatory Variables, Harold J. Krent Jan 1995

The Failed Promise Of Regulatory Variables, Harold J. Krent

Washington University Law Review

The concept of a regulatory variable is misleading. All statutory language is susceptible to numerous interpretations that would be impossible to predict in advance. And myriad changes in financial or social situations may make legislative directives difficult to apply in future generations.


Grammar And Inferences Of Rationality In Interpreting The Child Pornography Statute, Jeffrey P. Kaplan, Georgia M. Green Jan 1995

Grammar And Inferences Of Rationality In Interpreting The Child Pornography Statute, Jeffrey P. Kaplan, Georgia M. Green

Washington University Law Review

On November 29, 1994, the U.S. Supreme Court decided United States v. X-Citement Video, Inc., a case which sharply divided participants at the symposium conference. Our discussion here re-constitutes the linguistic analysis which was reduced to a summary in the amicus brief filed by the Law and Linguistics Consortium in that case, and explores the issues which the conclusion of that analysis raised at the symposium.


Law As A Species Of Language Acquisition, Jim Chen Jan 1995

Law As A Species Of Language Acquisition, Jim Chen

Washington University Law Review

Without fanfare, Plain Meaning and Hard Cases relegated its discussion of phonetics, phonology, and morphology to a single footnote. One must strain to imagine how the mechanics of sound production or the sound system of the English language might affect the law. Linguistics at too high a level of abstraction likewise seems unhelpful. American law rarely considers the nuances of foreign languages,' and a fortiori the entire field of comparative linguistics, especially as applied in the ongoing search for linguistic universals, seemingly lies outside the useful domain of law and linguistics. This assumption is demonstrably wrong. To the extent that ...


The Regulation Of Insider Trading In Japan: Introducing A Private Right Of Action, George F. Parker Jan 1995

The Regulation Of Insider Trading In Japan: Introducing A Private Right Of Action, George F. Parker

Washington University Law Review

No abstract provided.


Why Linguistics?, Robert K. Rasmussen Jan 1995

Why Linguistics?, Robert K. Rasmussen

Washington University Law Review

The question I pose for those who have devoted considerable effort to the project is why linguistics should have anything to offer those who would interpret legal texts. An answer to the question requires both an understanding of what linguistics is and a theory for why it might illuminate areas of interest for us. Through the materials of the symposium I believe I have acquired a reasonably accurate, if limited, understanding of the linguist's enterprise, but nowhere in the materials have I found help with the theoretical problem.


Language And Self-Interest: Preliminary Notes Towards A Public Choice Approach To Legal Language, Jonathan R. Macey Jan 1995

Language And Self-Interest: Preliminary Notes Towards A Public Choice Approach To Legal Language, Jonathan R. Macey

Washington University Law Review

In this Article I will give a few examples of this phenomenon in action. I will begin with a benign example, in which no damage is caused by a failure to understand the true purpose of the speaker's words. I will then move to some examples in which, it might be argued, real harm is caused by the failure to understand the true purpose of the communication. Finally, I will explain why language is used in the way I am describing in this essay.


Erisa Preemption Of “Any Willing Provider” Laws—An Essential Step Toward National Health Care Reform, Gary A. Francesconi Jan 1995

Erisa Preemption Of “Any Willing Provider” Laws—An Essential Step Toward National Health Care Reform, Gary A. Francesconi

Washington University Law Review

No abstract provided.


A Survey Of Environmental Justice Legislation In The States, Stacy R. Hart Jan 1995

A Survey Of Environmental Justice Legislation In The States, Stacy R. Hart

Washington University Law Review

No abstract provided.


Disabling Employers: Problems With The Ada's Confidentiality Requirement In Unionized Workplaces, Jessica Zeldin Jan 1995

Disabling Employers: Problems With The Ada's Confidentiality Requirement In Unionized Workplaces, Jessica Zeldin

Washington University Law Review

No abstract provided.


Statutory Forms For Closely Held Firms: Theories And Evidence From Llcs, Larry E. Ribstein Jan 1995

Statutory Forms For Closely Held Firms: Theories And Evidence From Llcs, Larry E. Ribstein

Washington University Law Review

Part II discusses a tax/regulation hypothesis under which tax and regulatory statutes shape business association statutes. Part III discusses an inefficiency hypothesis under which the public choice dynamics of legislatures, imperfect jurisdictional competition, and inherent constraints on the development of new standard forms prevent the development of efficient statutory standard forms. Part IV then analyzes these theories of LLCs in light of the actual development of LLCs. Part V concludes and discusses some public policy implications of the theories and evidence set forth in this Article.


This Is Not A Sentence, Paul F. Campos Jan 1995

This Is Not A Sentence, Paul F. Campos

Washington University Law Review

What this symposium on the intersection between linguistic and legal theory illustrates well is that the distinction in legal theory between what is assumed to be a text's inherent formal meaning and its contingent historical meaning essentially replicates the distinction between "sentence meaning" and "utterance meaning" that is crucial to various linguistic theories. The distinction all these theoretical approaches insist on maintaining is that "between the meaning of a sentence and the meaning of an utterance of that sentence on some particular occasion.

I think this distinction is illusory and that Georgia Green is correct when she argues that ...


Linguistics And Legal Epistemology: Why The Law Pays Less Attention To Linguists Than It Should, Gary S. Lawson Jan 1995

Linguistics And Legal Epistemology: Why The Law Pays Less Attention To Linguists Than It Should, Gary S. Lawson

Washington University Law Review

Law and linguistics ought to be natural partners. Modem statutory and constitutional interpretation' increasingly focuses on the generally accepted public meaning of legal language. Even persons who do not believe (as I do) that some form of public understanding of the relevant text is the endall, if not quite the be-all, of such interpretation are likely to regard the public understanding of statutory language as at least one relevant factor in legal interpretation. And who better than linguists to inform the law about the true facts regarding public usage and understanding of legal language? The law, however, is going to ...


A Comment On Text, Time And Audience Understanding In Constitutional Law, Michael C. Dorf Jan 1995

A Comment On Text, Time And Audience Understanding In Constitutional Law, Michael C. Dorf

Washington University Law Review

Professor Cunningham, in a provocative memorandum, asks how the legal landscape might change if courts interpreted statutes to reflect average citizens' understanding of statutory language.' This is an intriguing thought experiment and perhaps even a wise proposal. Rather than address Professor Cunningham's experiment directly, however, I would like to consider a variant of it that nicely highlights important issues in my own field, constitutional law. Substituting "the Constitution" for "statutes," we have the following question: What if the audience understanding of rules of, say, contract law, applied to the interpretation of the Constitution?


Plain Meaning And Linguistics—A Case Study, Michael S. Moore Jan 1995

Plain Meaning And Linguistics—A Case Study, Michael S. Moore

Washington University Law Review

Semantics is the locus of a potentially fruitful co-operation between linguists and lawyers. Yet one of the pervasive dangers in interdisciplinary work is that the urge to integrate the insights of one discipline with the tasks of another often causes a warping of the latter in order to make it more receptive to the proposed integration. Such I fear is the case with the linguistics expertise proffered to the United States Supreme Court recently, via an amicus brief by the Law and Linguistics Consortium.


Liability For Concurrent Breach Of Contract, Daniel J. Bussel Jan 1995

Liability For Concurrent Breach Of Contract, Daniel J. Bussel

Washington University Law Review

No abstract provided.


A Critique Of The Immigration And Naturalization Service's New Rule Governing Transnational Adoptions, Sara Goldsmith Jan 1995

A Critique Of The Immigration And Naturalization Service's New Rule Governing Transnational Adoptions, Sara Goldsmith

Washington University Law Review

No abstract provided.


Planning Problems In The Limited Liability Company, Dennis S. Karjala Jan 1995

Planning Problems In The Limited Liability Company, Dennis S. Karjala

Washington University Law Review

Part I briefly discusses the development of the limited liability company form and its roots in the liberalized provisions of modem corporation and partnership law. In Part II, the Article examines a variety of fact situations derived from partnership and close corporation case law as examples of the kinds of disputes that arise among the participants in closely held enterprises.


When Worldviews Collide: Linguistic Theory Meets Legal Semantics In United States V. X-Citement Video, Inc., Craig Hoffman Jan 1995

When Worldviews Collide: Linguistic Theory Meets Legal Semantics In United States V. X-Citement Video, Inc., Craig Hoffman

Washington University Law Review

I would like to take a closer look here at how linguists and lawyers look at language (sentences) and how they build analyses in their own disciplines. I will then suggest how the more theoretical approach of linguists could be integrated with the more practical approach of lawyers.


Vehicles Of Meaning: Unconventional Semantics And Unbearable Interpretations, Laurence R. Horn Jan 1995

Vehicles Of Meaning: Unconventional Semantics And Unbearable Interpretations, Laurence R. Horn

Washington University Law Review

I try my hand at the noble pursuit of ambulance chasing. The question is whether the city ordinance in “All vehicles are prohibited from Lincoln Park.” will be construed so as to exempt ambulances and, if so, whether they are exempted by virtue of the function of all or vehicle as 'regulatory variables' in the interpretation of the ordinance.


Eliminating The (Absurd) Distinction Between Malum In Se And Malum Prohibitum Crimes, Richard L. Gray Jan 1995

Eliminating The (Absurd) Distinction Between Malum In Se And Malum Prohibitum Crimes, Richard L. Gray

Washington University Law Review

No abstract provided.