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1995

Washington University Law Review

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Full-Text Articles in Law

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.


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.


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.


The Ambiguity Of Interpretation: Distinguishing Interpretation From Construction, Peter M. Tiersma Jan 1995

The Ambiguity Of Interpretation: Distinguishing Interpretation From Construction, Peter M. Tiersma

Washington University Law Review

One might expect that linguistics-the scientific study of language- would have much to offer the legal profession, which is so often occupied with the interpretation of legal texts. That possibility was evidently the point of departure for this conference. Those reading the proceedings will, however, be struck by how linguists and legal scholars employ quite different discourses about language, especially when it comes to meaning and interpretation.


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.


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.


The Limited Liability Company: Lessons For Corporate Law, Jonathan R. Macey Jan 1995

The Limited Liability Company: Lessons For Corporate Law, Jonathan R. Macey

Washington University Law Review

This Article explores the implications of the emergence of the limited liability company for our understanding of corporate law. What does the modem emergence of the limited liability company tell us about the state of American corporate law? This Article argues that the emergence of the limited liability company has much to tell us about a variety of important topics in corporate law, particularly the reasons for requiring formal incorporation, jurisdictional competition for corporate charters, the costs and benefits of limited liability, and the structural problems that may hamper sweeping reform of corporate and tort law rules affecting enterprise and ...


Recouping The Losses Of Brooke Group, David J. Kates Jan 1995

Recouping The Losses Of Brooke Group, David J. Kates

Washington University Law Review

No abstract provided.


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 ...


Bibilography Jan 1995

Bibilography

Washington University Law Review

No abstract provided.


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.


Nocturnal Juvenile Curfew Ordinances: The Fifth Circuit “Narrowly Tailors” A Dallas Ordinance, But Will Similar Ordinances Encounter The Same Interpretation?, Kevin C. Siebert Jan 1995

Nocturnal Juvenile Curfew Ordinances: The Fifth Circuit “Narrowly Tailors” A Dallas Ordinance, But Will Similar Ordinances Encounter The Same Interpretation?, Kevin C. Siebert

Washington University Law Review

No abstract provided.


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?


Proceedings Jan 1995

Proceedings

Washington University Law Review

No abstract provided.


The Meaning Of Meaning In The Law, Michael L. Geis Jan 1995

The Meaning Of Meaning In The Law, Michael L. Geis

Washington University Law Review

The Court uses the words mean and meaning in a number of ways. The difficulty with this is that there are two senses of these words that can, and often are confused, and these are what we have been calling "conventional meaning" and "contextual significance." Locutions containing mean that are particularly problematic, for mean that is sometimes equivalent to 'entail' and sometimes to 'implicate.' Clearly it is in the interest of the Court to be more explicit about what it means by mean and meaning. Unfortunately, its practice of adding modifiers like common, ordinary, natural, every day, and plain not ...


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.


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 ...


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.


Losing It In California: Conservatorship And The Social Organization Of Aging, Lawrence M. Friedman, June O. Starr Jan 1995

Losing It In California: Conservatorship And The Social Organization Of Aging, Lawrence M. Friedman, June O. Starr

Washington University Law Review

No abstract provided.


A Balancing Of Interests: The Status Of Professional Union Organizers Under The Nlra, Gregory A. Rich Jan 1995

A Balancing Of Interests: The Status Of Professional Union Organizers Under The Nlra, Gregory A. Rich

Washington University Law Review

No abstract provided.


The “Language Of Law” And “More Probable Than Not”: Some Brief Thoughts, Kent Greenawalt Jan 1995

The “Language Of Law” And “More Probable Than Not”: Some Brief Thoughts, Kent Greenawalt

Washington University Law Review

By far the most testy moments of the conference arose out of the following problem. The Supreme Court had interpreted "knowingly" in a criminal statute regulating interstate commerce of child pornography to cover the age of participants, even though the placement of "knowingly" in the statutory provision would, according to standard usages of English grammar, lead to its not being applied to that element of the crime.! All participants at our conference fairly quickly acknowledged the following two truths: (1) the Court's construction did not fit ordinary English grammar, and (2) there might be appropriate (legal) reasons why statutory ...


The Taxation Of Domestic Limited Liability Companies And Limited Partnerships: A Case For Eliminating The Partnership Classification Regulations, Susan Pace Hamill Jan 1995

The Taxation Of Domestic Limited Liability Companies And Limited Partnerships: A Case For Eliminating The Partnership Classification Regulations, Susan Pace Hamill

Washington University Law Review

Part II of this Article traces the historical evolution of the entity classification area. Part III then examines how the entity classification regulations have been applied to limited partnerships. Part IV then examines how the classification regulations apply to LLCs, focusing on the guidelines set out in Revenue Procedure 95-10. Finally, in Part V, the Article proposes that the tax policymakers eliminate the use of the partnership classification regulations when determining the taxation of domestic LLCs and limited partnerships.


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.


Profit-Seeking, Individual Liability, And The Idea Of The Firm, Richard A. Booth Jan 1995

Profit-Seeking, Individual Liability, And The Idea Of The Firm, Richard A. Booth

Washington University Law Review

The thesis here is that the historical explanation for the way things are, accurate as it may be, has lost its force as an argument that things should stay that way. To be specific, (1) the line between profit-seeking and nonprofit- seeking activity is no longer as bright as it once may have been; and (2) there is nothing magical about limited liability-that is, it is no longer the definitive characteristic of the corporate form. Thus, the rather sudden emergence and astonishing growth of the LLC should be seen as part of a larger evolutionary trend in business organization law ...


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.


Director Liability And The Insolvent, Federally Chartered Financial Institution: A Standard Emerges, Christopher J. Nelson Jan 1995

Director Liability And The Insolvent, Federally Chartered Financial Institution: A Standard Emerges, Christopher J. Nelson

Washington University Law Review

No abstract provided.


Editors' Foreword, The Editors Jan 1995

Editors' Foreword, The Editors

Washington University Law Review

No abstract provided.


Fancy Theories Of Interpretation Aren't, Larry Alexander Jan 1995

Fancy Theories Of Interpretation Aren't, Larry Alexander

Washington University Law Review

The problems with fancy theories are that they are not theories of interpretation, they are not internally consistent, and they are not held sincerely.