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Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick Aug 2017

Corpus Linguistics And The Criminal Law, Carissa Byrne Hessick

BYU Law Review

This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.


The Dictionary As A Specialized Corpus, Jennifer L. Mascott Aug 2017

The Dictionary As A Specialized Corpus, Jennifer L. Mascott

BYU Law Review

Scholars consider reliance on dictionary definitions to be the antithesis of objective, big-data analysis of ordinary meaning. This Article contests that notion, arguing that when dictionaries are treated as a specialized database, or corpus, they provide invaluable textured understanding of a term. Words appear in dictionaries both as terms being defined and as terms defining other words. Examination of every reference to a contested term throughout a dictionary’s definitional entries of other words may substantially benefit statutory and constitutional interpretation. Because dictionaries catalog language, their use as a specialized corpus provides invaluable insight into the ways a particular word is …


The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang Aug 2017

The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang

BYU Law Review

Originalism is the theory of constitutional interpretation that identifies the constitutional text’s public meaning when it was ratified as its authoritative meaning. Corpus linguistics is the study of word-use regularities and patterns, primarily in written texts. In a prior article, I argued that originalists should utilize corpus linguistics to facilitate originalism’s capacity to accurately uncover this original meaning. However, my arguments there were theoretical; this Essay provides a “test case” of corpus linguistics’ capacity to increase originalism’s methodological accuracy. This Essay accomplishes three modest goals. First, it provides a practical example of the application of corpus linguistics to originalism. This …


The Power Of Words: A Comment On Hamann And Vogel’S Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Mark C. Suchman Aug 2017

The Power Of Words: A Comment On Hamann And Vogel’S Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Mark C. Suchman

BYU Law Review

By offering an international and interdisciplinary point of comparison, Hamann and Vogel demonstrate that current American forays into corpus-based legal scholarship reflect only a small sliver of the full range of possibilities for such research. This Comment considers several key branching points that may lie ahead, as the nascent literature begins to mature. In particular, the Comment examines two vexing ambiguities in the corpus-linguistic agenda: the first centers on the ambiguous meaning of legal “empiricism”; the second, on the ambiguous relationship between words and actions. To achieve its full potential, legal corpus linguistics will need to move beyond mere description, …


American Express Bank, Fsb, Plaintiff/Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals Aug 2017

American Express Bank, Fsb, Plaintiff/Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT OF THE FOURTH .DlSTRICT COURT OF UTAH COUNTY, UTAH, HON. CHRISTINE JOHNSON


Espenschied Transport Corp., Plaintiff And Appellant Vs. Wilshire Insurance Comp Any; Fleetwood Services, Inc., Defendants And Appel!Ees., Utah Supreme Court Aug 2017

Espenschied Transport Corp., Plaintiff And Appellant Vs. Wilshire Insurance Comp Any; Fleetwood Services, Inc., Defendants And Appel!Ees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Third District Court, Salt Lake County the Honorable Paige Petersen, civil no. 070913289


The State Of Utah, Plaintiff/Appellee V. Travis Scott Murray, Defendant/Appellant., Utah Court Of Appeals Jul 2017

The State Of Utah, Plaintiff/Appellee V. Travis Scott Murray, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from an order revoking and reinstating probation for Driving Under the Influence of Alcohol/Drugs, a third degree felony, in violation of Utah Code 41-6a-503(2)(b), in the Third District Court, Salt Lake County, State of Utah, the Honorable Ann Boyden presiding


State Of Utah, Plaintiff/ Appellee, Vs. Michael Binks, Defendant / Appellant., Utah Supreme Court Jul 2017

State Of Utah, Plaintiff/ Appellee, Vs. Michael Binks, Defendant / Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

AN APPEAL FROM THE FOURTH DISTRICT COURT, FROM A CONVICTION ON ONE COUNT OF POSSESSION OF A CONTROLLED SUBSTANCE, A CLASS A MISDEMEANOR, AND ONE COUNT OF DRUG PARAPHERNALIA, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE CLAUDIA LAYCOCK


American Express Bank, Fsb, Plaintiff/ Appellee V. James T Anne, Defendant / Appellant, Utah Court Of Appeals Jul 2017

American Express Bank, Fsb, Plaintiff/ Appellee V. James T Anne, Defendant / Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Summary Judgment entered by the Honorable Christine Johnson, Fourth District Court, Utah County


Michael Anthony Archuleta, Appellant, V. State Of Utah, Appellee., Utah Supreme Court Jul 2017

Michael Anthony Archuleta, Appellant, V. State Of Utah, Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Fourth Judicial District Court in Millard County District Court Case No. 14070047 The Honorable Jennifer A. Brown


Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath Jul 2017

Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath

BYU Law Review

Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome” approach …


Copyright Infringement’S Blurred Lines: Allocating Overhead In The Disgorgement Of Profits, Layne S. Keele Jul 2017

Copyright Infringement’S Blurred Lines: Allocating Overhead In The Disgorgement Of Profits, Layne S. Keele

BYU Law Review

In Williams v. Bridgeport Music, Marvin Gaye’s estate alleged that the popular song “Blurred Lines” infringed Gaye’s 1977 song “Got to Give It Up.” As part of the remedy for the infringement, the Gaye estate sought to disgorge the profits derived from defendants’ infringement, but the parties disagreed about how to calculate those profits. Specifically, they disagreed about whether the infringing song’s revenues should be offset by the infringers’ $7 million in overhead costs allocable to the song. The district court determined that the infringers’ ability to offset overhead costs would depend on whether their infringement was willful; it …


Cyber!, Andrea M. Matwyshyn Jul 2017

Cyber!, Andrea M. Matwyshyn

BYU Law Review

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …


Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder Jun 2017

Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder

Brigham Young University Education and Law Journal

No abstract provided.


Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani Jun 2017

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.


Jodi Kranendonk, Plaintiff/ Appellee/ Cross-Appellant, V. Gregory & Sw App, Pllc Dba Craig Swapp & Associates And Erik Highberg, Defendants/ Appellants/Crossappellee., Utah Supreme Court Jun 2017

Jodi Kranendonk, Plaintiff/ Appellee/ Cross-Appellant, V. Gregory & Sw App, Pllc Dba Craig Swapp & Associates And Erik Highberg, Defendants/ Appellants/Crossappellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, Judge Royal Hansen


State Of Utah, Plaintffiappellant V. Scott Richard Stewart, Defendant/Appellee : Reply Brief Of Appellant Jun 2017

State Of Utah, Plaintffiappellant V. Scott Richard Stewart, Defendant/Appellee : Reply Brief Of Appellant

Utah Supreme Court Briefs (1965 –)

Certified interlocutory appeal from an order excludingevidence based on a statute of limitations, in the Third JudicialDistrict, Salt Lake County, the Honorable Randall Skanchypresiding


Osman Mohammed Noor, Petitioner/ Appellant, V. State Of Utah, Respondent/ Appellee., Utah Supreme Court Jun 2017

Osman Mohammed Noor, Petitioner/ Appellant, V. State Of Utah, Respondent/ Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Honorable Vernice S. Trease, Presiding


Candice Cochegrus, Appellant, Vs. Herriman City, Rosecrest Village Homeowners Association, Jnc., And Future Community Services, Inc. Dba Fcs Community Management, Appellees., Utah Supreme Court Jun 2017

Candice Cochegrus, Appellant, Vs. Herriman City, Rosecrest Village Homeowners Association, Jnc., And Future Community Services, Inc. Dba Fcs Community Management, Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE FINAL JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY, THE HONORABLE ANDREW H. STONE


Mari< Charles Haik, Petitioner/ Appellant, V. L<.Ent L.Jones And Salt Lake City Corporation, Respondent.,/ Appej/Ees., Utah Supreme Court Jun 2017

Mari< Charles Haik, Petitioner/ Appellant, V. L<.Ent L.Jones And Salt Lake City Corporation, Respondent.,/ Appej/Ees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Case No. 160903224 The Honorable Royal I. Hansen, Presiding


American Express Bank , Fsb, Plaintiff / Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals Jun 2017

American Express Bank , Fsb, Plaintiff / Appellee, V. James Tanne, Defendant/Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT OF THE FOURTH DISTRICT COURT OF UTAH COUNTY, UTAH, HON. CHRISTINE JOHNSON


Gloria Rodriguez, Plaintiff/Appellant V. The Kroger Company And J&I Maintenance, Defendant/Appellees : Brief Of Appellant Jun 2017

Gloria Rodriguez, Plaintiff/Appellant V. The Kroger Company And J&I Maintenance, Defendant/Appellees : Brief Of Appellant

Utah Supreme Court Briefs (1965 –)

Appeal from the Third District Court - Hon. Douglas Hogan


Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi Jun 2017

Freedom Of Religion In India: Current Issues And Supreme Court Acting As Clergy, Faizan Mustafa, Jagteshwar Singh Sohi

BYU Law Review

Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual’s autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. …


Glorla Rodrlguez, Plaintiff/ Appellant, V. The Kroger Compaj\Ty, And J & I Maintenance, Defendants/ Appellees., Utah Supreme Court Jun 2017

Glorla Rodrlguez, Plaintiff/ Appellant, V. The Kroger Compaj\Ty, And J & I Maintenance, Defendants/ Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S BRIEF Appellate Case No.: 20161012


State Of Utah, Plaintiff And Appellant, V. Scott Richard Stew Art, Defendant And Appellee, Utah Supreme Court May 2017

State Of Utah, Plaintiff And Appellant, V. Scott Richard Stew Art, Defendant And Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is Appellee/Defendant, Mr. Stewart's response to the State of Utah's appeal brief, filed in support of its interlocutory appeal from an order excluding evidence by the Third Judicial District Court, Salt Lake County, District Court Case No. J 31911542. HONORABLE RANDALL N. SKANCHY


State Of Utah, Plaintiff/Appellee Vs. Jessie Dean Sheffield, Defendant/Appellant, Utah Court Of Appeals May 2017

State Of Utah, Plaintiff/Appellee Vs. Jessie Dean Sheffield, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a final judgment and conviction of the Carbon County Seventh District Court, entered by Judge Douglas B. Thomas


. Gina M. Arnold And Charlie S .. Arnold, Reply Brief Of Plaintiffs And Aru,Ellant/Crossappellee, Vs. Gary B. White, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. Defendants And Appellee/Crossappellant., Utah Supreme Court May 2017

. Gina M. Arnold And Charlie S .. Arnold, Reply Brief Of Plaintiffs And Aru,Ellant/Crossappellee, Vs. Gary B. White, M.D., Uintah Basin Medical Center, And David Grigsby, M.D. Defendants And Appellee/Crossappellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE EIGHTH DISTRICT COURT, DUCHESNE COUNTY, THE HON. SAMUEL P. CHIARA, CIVIL NO. 020800066


Lawrence And Sarah Jean Colosimo, Individually And As The Natural Parents And Heirs Of Adam Colosimo, Deceased, Appellants, Vs. Gateway Co:Tvimunity Church, A Appellants'replybrief District Court Case No. 120414704 Wd Appellate No. 20140852a Utah Corporation; And Does 1-50, Supreme Court No. 20160838 - Sc Appellee., Utah Supreme Court May 2017

Lawrence And Sarah Jean Colosimo, Individually And As The Natural Parents And Heirs Of Adam Colosimo, Deceased, Appellants, Vs. Gateway Co:Tvimunity Church, A Appellants'replybrief District Court Case No. 120414704 Wd Appellate No. 20140852a Utah Corporation; And Does 1-50, Supreme Court No. 20160838 - Sc Appellee., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO REVIEW DECISION OF COURT OF APPEALS


Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Court Of Appeals May 2017

Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the third District court, Salt Lake County, State of Utah The Honorable Richard D. McKelvie


Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Supreme Court May 2017

Jodi Howick Appellant V. Salt Lake City Corporation, Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the third District court, Salt Lake County, State of Utah The Honorable Richard D. McKelvie