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Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore

Faculty Publications By Year

No abstract provided.

The Rhetoric Of Torts: How Advocates Help Jurors Think About Causation, Reasonableness, And Responsibility, Neal R. Feigenson

UC Law Journal

How do jurors in accident cases think about negligence, and to what extent do their conceptions conform to the law? This Article examines closing arguments in several accident cases, showing the extent to which advocates appeal to the knowledge structures and inferential heuristics that people use to judge causation and responsibility in everyday life. Through argument structure, point of view, verb tense, metaphor, and other linguistic devices, attorneys construct a rhetoric that combines legal rules with the tools of ordinary judgment. The conceptions of negligence implicit in these arguments occasionally conflict with the law; the Article indicates the cognitive and …

Hung Up On Semantics: A Critique Of Davis V. United States, Samira Sadeghi

UC Law Constitutional Quarterly

A suspect being interrogated by the police suddenly says, Maybe I should talk to a lawyer. What legal effect, if any, should this statement have? What procedure should the police follow upon such an invocation? The United States Supreme Court in Davis v. United States adopted a rigorous standard for suspects invoking their Miranda rights.

This Comment criticizes the Court's adoption of the so-called threshold of clarity approach and its conclusion that only clearly asserted invocations of counsel trigger any protection for suspects. The Court's heightened requirement of clarity unfairly places a higher burden upon suspects in an already intimidating …

Text As Tool: Why We Read The Law, Richard K. Greenstein

Washington and Lee Law Review

No abstract provided.

When Legal Cultures Collide, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In this essay, I attempt to consider the juridical significance of the Irish hunger strike of 1981. I focus on this almost unreal, but tragically too real, 'event' for two reasons. First, on the basis of the rereading or representation that I offer in this essay, the hunger strike provides an opportunity to reflect upon what is perhaps the most enduring and intractable question of social theory: the relationship between structure and agency. Specifically, it enables us to critically interrogate the aspirations and assumptions of a colonial legal structure and the agentic resistance of the juridically colonized. The second reason …

The Modern Parol Evidence Rule And Its Implications For New Textualist Statutory Interpretation, Stephen F. Ross, Daniel Trannen

Faculty Scholarship

Part I of this article focuses on the history of parol evidence in contract interpretation, describing both Williston's and Corbin's definition and application of the parol evidence rule. With the adoption of the UCC and the Second Restatement, we suggest that Corbin's position-that expansion of admissibility of parol evidence will more accurately reflect the drafters' manifest intentions and minimize the judge's personal biases-has been accepted by experts and legislators alike. In Part II, we summarize the use of legislative history in statutory interpretation, focusing on the rise of the New Textualism and its critique of the use of legislative history …

Politically Incorrect, Jeffrey S. Kinsler

SMU Law Review

No abstract provided.

Fifth Amendment--Responding To Abiguous Requests For Counsel During Custodial Interrogations, Thomas O. Levenberg

Journal of Criminal Law and Criminology

No abstract provided.

State Of Utah V. Shane Doyle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM THE FOURTH DISTRICT JUDICIAL COURT, UTAH COUNTY, STATE OF UTAH, BEFORE THE HONORABLE BOYD L. PARK, FROM THE ENTRY OF A CONDITIONAL PLEA OF POSSESSION OF METHAMPHETAMINE, A SECOND DEGREE FELONY, AFTER THE DENIAL OF DEFENDANT'S MOTION TO SUPPRESS THE EVIDENCE

Ctx Properties, Inc. V. Andy Rukavina : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Brief of the Appellant

THIS IS AN APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, ON VARIOUS MOTIONS AND THE COURT'S ENFORCEMENT OF A SETTLEMENT OFFER

Ctx Properties, Inc. V. Andy Rukavina : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Appellant's Reply Brief

Mal Kim And Frank Kim V. Young (Esther) Ja Jun, And Paul Jun : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLANT THIS IS AN APPEAL FROM A DECISION OF HOMER WILKINSON, JUDGE OF THE THIRD DISTRICT COURT, DATED SEPTEMBER 19, 1994, AND THE DENIAL OF DEFENDANT'S MOTION FOR-RELIEF FROM JUDGMENT SIGNED BY THE COURT ON FEBRUARY 15, 1996.

F.C. Stangl Iii V. Ernst Home Center, Inc. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

REPLY BRIEF OF APPELLANT

APPEAL FROM THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE MICHAEL MURPHY

Gun Control And Economic Discrimination: The Melting-Point Case-In-Point, T. Markus Funk

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Reflections On Firearms And The Criminal Law, Franklin E. Zimring

Journal of Criminal Law and Criminology

No abstract provided.

Survey Of Recent Developments In United States And New Jersey Law

Seton Hall Law Review

No abstract provided.

(Sesquicentennial) The Changing Course Of Study: Sesquicentennial Reflections, Judith Welch Wegner

North Carolina Law Review

No abstract provided.

The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.

On The Need For Asian American Narratives In Law: Ethnic Specimens, Native Informants, Storytelling And Silences, Margaret Chon

Faculty Articles

The race-ing process that leads to the "ethnic specimen" as well as to the resulting problems of the "native informant" deserves theoretical attention, for they affect how legal categories are constructed with respect to Asian Americans. This article attempts to expand on each of these phenomena. In part II, the author describes in more detail the concept of the "ethnic specimen" and in part III, the "native informant." Part III will also explore the various forms of silence, as well as other aspects of reticence the author and others have in the project of articulating an Asian American authentic native …

Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud

Faculty Articles

This article explores the practice of the superior judiciary of Pakistan as it relates to freedom of religion and rights of religious minorities. Pakistan's successive constitutions, which guarantee fundamental rights and provide for separation of powers and judicial review, contemplate judicial protection against unlawful executive and legislative actions. The record of Pakistan's judiciary about protection of the rights of religious minorities is uneven and has gone through three phases. The first phase is remarkable for unequivocal protection of freedom of religion and religious minorities. The second phase contracted this protection through undue deference to the legislature. In the last phase …

The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua

Journal Articles

No abstract provided.

European Approaches To Enhancing Reproductive Freedom Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Katarina Tomasevski

American University Law Review

No abstract provided.

Linguistic Indeterminacy And The Rule Of Law: On The Perils Of Misunderstanding Wittgenstein, Christian Zapf, Eben Moglen

Faculty Scholarship

The central article of faith of the traditional understanding of the Rule of Law is that precedent uniquely determines the outcome of legal cases. Skepticism about that faith, however, is widespread. Critical Legal Scholars, as well as their intellectual ancestors, the Legal Realists, have frequently attacked the legitimacy of the received model and the formalist view of the relationship between the law and its individual applications that underlies the model. The common aim of these attacks is to demonstrate that the law is indeterminate in outcome and that the supposed constraints of the Rule of Law on judges are fictions.

Quo Vadis: The Status And Prospects Of Tests Under The Religion Clauses, Kent Greenawalt

Faculty Scholarship

As the 1994 term drew to a close, "tests" for the Religion Clauses were in nearly total disarray. Apart from cases of discrimination against religions, and disputes over church property, a student of the Supreme Court's jurisprudence could not formulate any general tests that a majority of the Justices clearly support. As exciting as this state of affairs is for those who welcome uncertainty and change, it is disquieting for lawyers and clients, for judges who must decide free exercise and establishment claims, and for Supreme Court Justices who aspire to stable principles of adjudication. In this essay, I provide …

Learning And Mental Disability Protection Under The Americans With Disabilities Act In The Quest For Certification For The Practice Of Law, Aaron J. Reber

Journal of Law and Health

The Americans with Disabilities Act was enacted in 1990 as a comprehensive scheme in which previously discriminated against classes would be guaranteed fair treatment in employment as well as other settings. The Act protects those with both physical and mental disabilities. With respect to certification for the practice of law, the Act has almost unique significance as the accommodations the Act calls for arguably clash with state bar standards of competence both in legal education and mental fitness for certification. These clashes tend to stem from two major situations-accommodation of the learning disabled student who may not be able to …

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack

Faculty Scholarship

There are more things of importance to representing clients than are disclosed through a typical interview or counseling session, even a session undertaken by a lawyer earnestly attempting to hear rather than ignore the client. We lawyers are often vividly aware, when we pause to contemplate the point, that we do not know all we should about our clients. We may also believe that we have great gulfs of knowledge and experience to cross in order to hear and understand any particular client. Further, we fear that our ability to cross these gulfs is limited by the human, and lawyerly, …

Ec Competition Law In The Telecommunications, Media, And Information Technology Sectors, Herbert Ungerer

Fordham International Law Journal

The application of European Community (“EC”) competition law to the telecommunications, media, and information technology sectors must be examined in the general context of the rapid evolution of markets and, therefore, policies in these sectors. The competitive behavior of companies is largely conditioned by the positions companies have taken in response to the rapid changes in market and regulatory conditions. Potentially anticompetitive behavior generated by these rapid changes poses new challenges for EC competition policy. In addition, the required adjustment of the competitive framework and, in particular, the role played by EC competition rules in eliminating existing monopolies, are creating …

State Of Utah V. Ronnie C. Byrd : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Appeal from denial of Defendant's motion for a new trial following convictions for two counts of Unlawful Possession of a Controlled Substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8(1)(b)(ii) (1996), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Michael R. Murphy, Judge, presiding.