Digital Commons Network^™

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales

Faculty Scholarship

No abstract provided.

Juvenile Competency And Pretrial Due Process: A Call For Greater Protections In Massachusetts For Juveniles Residing In Procedural Purgatory, Mark Rapisarda, Wendy J. Kaplan

Faculty Scholarship

While juvenile courts continue to balance and reevaluate the dual goals of community safety and rehabilitation of youth, juveniles who are not competent to stand trial have been left without sufficient procedural protections. This paper examines Massachusetts’ approach to juvenile competency, due process, and pretrial procedure, within a national context. The inadequacies of the Massachusetts juvenile competency laws are not unique. Currently there are nineteen states that either entirely lack juvenile-specific competency legislation or merely incorporate inapposite adult criminal statutes and standards into the juvenile context—making it difficult or impossible for those juvenile courts to dismiss or divert a delinquency …

Social Interaction In Mixed-Income Developments: Relational Expectations And Emerging Reality, Mark L. Joseph

Faculty Scholarship

In many cities, public housing has come to exemplify concentrated urban poverty and the social problems associated with it. One major policy response to addressing these problems is the demolition and redevelopment of public housing complexes as mixed-income communities. Several theoretical propositions that lie behind this policy are based on assumptions about the ways in which living among higher-income residents can lead to relationships and interactions that may benefit poor people. Based on in-depth qualitative research in two mixed-income developments in Chicago, this paper explores the dynamics of social interaction in an effort to better understand the processes and factors …

Breaking Bad Facts: How Intriguing Contradictions In Fiction Can Teach Lawyers To Re-Envision Harmful Evidence, Cathren Koehlert-Page

Faculty Scholarship

No abstract provided.

Readings On L2 Reading: Publications In Other Venues 2015–2016, Shenika Harris, Carolina Bernales, Gabriela Romero-Ghiretti, Haley Dolosic, Huan Liu, Tracy Van Bishop

Faculty Scholarship

This feature offers an archive of articles published in other venues during the past year and serves as a valuable tool to readers of Reading in a Foreign Language (RFL). It treats any topic within the scope of RFL and second language reading. The articles are listed in alphabetical order, each with a complete reference as well as a brief summary. The editors of this feature attempt to include all related articles that appear in other venues. However, undoubtedly, this list is not exhaustive.

Use What You Choose: Applying Computational Methods To Genre Studies In Technical Communication, Brian N. Larson, William Hart-Davidon, Kenneth C. Walker, Douglas M. Walls, Ryan Omizo

Faculty Scholarship

This paper reports on the results of an intensive application development workshop held in the summer of 2015 during which a group of thirteen researchers came together to explore the use of machine-learning algorithms in technical communication. To do this we analyzed Amazon.com consumer electronic product customer reviews to reevaluate a central concept in North American Genre Theory: stable genre structures arise from recurring social actions. We discovered evidence of genre hybridity in the signals of instructional genres embedded into customer reviews. Our paper discusses the creation of a prototype web application, "Use What You Choose" (UWYC), which sorts the …

Positive Reappraisals After An Offense: Event-Related Potentials And Emotional Effects Of Benefit-Finding And Compassion, Justin C. Baker, John K. Williams, Charlotte Witvliet, Peter C. Hill

Faculty Scholarship

Using a within subjects design, three emotion regulation strategies (compassion‐focused reappraisal, benefit‐focused reappraisal, and offense rumination) were tested for their effects on forgiveness, well‐being, and event‐related potentials (ERPs). Participants (N = 37) recalled a recent interpersonal offense as the context for each emotion regulation strategy. Both decisional and emotional forgiveness increased significantly for the two reappraisal strategies compared to offense rumination. Compassion‐focused reappraisal prompted the greatest increase in both decisional and emotional forgiveness. Furthermore, both reappraisal strategies increased positively oriented well‐being measures (e.g., joy, gratitude) compared to offense rumination, with compassion‐focused reappraisal demonstrating the largest effect on empathy. Late positive …

Brief For The American Association On Intellectual And Developmental Disabilities (Aaidd), And The Arc Of The United States As Amicus Curiae, James W. Ellis, Ann M. Delpha, Carol M. Suzuki, Steven Homer, David Stout, April Land

Faculty Scholarship

As with any field of scientific inquiry, our understanding of the condition of intellectual disability is improved and enhanced over time by continuing, rigorous study and analysis. The scientific study and the diagnosis of intellectual disability involve issues important to scholars and clinicians. But amici believe that there is no need for this Court to become enmeshed in the details and intricacies of those scholarly efforts in order to resolve the instant case and to provide guidance to lower courts in their task of fairly adjudicating cases under Atkins v. Virginia, 536 U.S. 304 (2002). This Court need only affirm …

Engendering Peace And Justice After Armed Conflict: A Call For Qualitative Research Among Women's Community Networks, Jennifer Moore

Faculty Scholarship

Transitional justice refers to a variety of mechanisms established to help postconflict societies account for the war and build the peace, including war crimes tribunals, truth and reconciliation commissions, and reparations programs. The framework of transitional justice, while responsive to local actors and local realities, was largely constructed by external actors, including foreign states, international organizations, non-governmental agencies, advocates, and academics working in the fields of human rights and rule of law promotion. The gender dilemma for global and local transitional justice practitioners is the increasing awareness that most women in war-affected countries have not been well-served by the considerable …

Big Questions Comparative Law, Anna Di Robilant

Faculty Scholarship

This essay reflects on Ran Hirschl’s book "Comparative Matters." Feeling that historical comparative law methodologies have been found wanting it looks to newer methods. For example, the critical approach to comparative law relies on comparison to expose the implicit biases and assumptions of the observer’s own system and to denounce the illusory and ideological nature of “legalism,” namely, the claim that law is both neutral and necessary. Comparative law and economics seeks to explain in precise terms the convergence of legal rules by using efficiency as a key metric. Comparative law and economics also gives a comparative twist to the …

Reflections Of An Empirical Reader (Or: Could Fleming Be Right This Time?), Gary S. Lawson

Faculty Scholarship

Professor Jim Fleming’s new book, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms, purports to critique all forms of originalism from the perspective of Professor Fleming’s “moral reading” of, or “philosophic approach” to, the Constitution. I propose a somewhat different opposition: empirical reading versus moral reading. Empirical reading is necessarily originalist, but it focuses directly on the need to ground interpretation in theories of concepts, language, and communication. In this short comment, I outline the research agenda for a theory of empirical reading, explore the extent to which empirical readings and moral readings of the Constitution are …

Self-Forgiveness And Forgiveness-Seeking In Response To Rumination: Cardiac And Emotional Responses Of Transgressors, Sérgio P. Da Silva, Charlotte Witvliet, Blake Riek

Faculty Scholarship

Self-forgiveness and forgiveness-seeking are important and understudied aspects of forgiveness. We examined the cardiac and emotional patterns of healthy young adults (40 women, 40 men) who recalled an unresolved offense they had caused another person. Participants engaged in four imagery conditions: ruminating about the offense, being humbly repentant and engaging in self-forgiveness, seeking forgiveness from the victim and receiving forgiveness, and seeking forgiveness from the victim and being begrudged. Being repentant and begrudged forgiveness by one’s victim was associated with the same level of guilt as when ruminating, but significantly more negative emotion, less control, and less empathy than when …

Precedent In Statutory Interpretation, Lawrence Solan

Faculty Scholarship

No abstract provided.

Founding-Era Translation Of The U.S. Constitution, Christina Mulligan, Michael Douma, Hans Lind, Brian Quinn

Faculty Scholarship

No abstract provided.

The Role Of Traditional Knowledge About And Management Of Seaworms (Polychaeta) In Making Austronesian Worlds, Cynthia Twyford Fowler

Faculty Scholarship

This paper discusses how Kodi make their worlds cognitively as well as experientially, and how these worlds relate to sustainability and wellbeing. Kodi construct their cognitive worlds as well as their biophysical landscapes whilst interacting with many other species. This presentation focuses on human-polychaete interactions in order to illustrate world making processes. Seaworm traditions have deep historical roots in Austronesian societies and continue to be crucial for the wellbeing of contemporary communities. World-making processes are evident in what Kodi people say about seaworms and how they move through space relative to seaworms. While Kodi construct time they simultaneously construct space …

The Music Of Trees: The Intergenerative Tie Between Primary Care And Public Health, Peter J. Whitehouse

Faculty Scholarship

Stories help us frame and understand complex ideas and challenges. Metaphors are particularly powerful linguistic devices that guide and extend our thinking by bridging conceptual domains, for example to consider the brain as a digital computer. Trees are widely used as metaphors for broad concepts like evolution, history, society, and even life itself, i.e. ‘the tree of life’. Tree-like diagrams of roots and branches are used to demonstrate historical and cultural relationships, for example, between different species or different languages. In this paper, we describe a theatrical character called a tree doctor which is a living metaphor. A human being, …

Creating An International Prison, Mary Margaret Penrose

Faculty Scholarship

This Article asserts that a permanent international prison is a necessary, if not indispensable, component of any effective international criminal justice system. It begins by first addressing the historical approach to international sentencing. Next, it discusses the inadequacies of the status quo. Finally, it argues the time has come to construct a permanent international prison, rather than adhere to the ad hoc approach in dealing with international criminals and convicts.

An Intentional Tort Theory Of Patents, Saurabh Vishnubhakat

Faculty Scholarship

This Article challenges the dogma of U.S. patent law that direct infringement is a strict liability tort. Impermissibly practicing a patented invention does create liability even if the infringer did not intend to infringe or know about the patent. The consensus is that this is a form of strict liability. The flaw in the consensus is that it proves too little, for the same is true of intentional torts: intent to commit the tort is unnecessary, and ignorance of the legal right is no excuse. What is relevant is intent to perform the action that the law deems tortious. So …

The Structured Writing Group: A Different Writing Center?, Brian N. Larson, Christopher Soper

Faculty Scholarship

This article describes the objectives, development, and some preliminary results of a program the authors led at the University of Minnesota Law School in academic year 2014-15. They wanted the “Structured Writing Group” (SWG) project to achieve some outcomes traditionally associated with writing centers: first, improving the student writing process by facilitating collaboration with a writing expert; and second, exposing students to additional audiences for their writing. We added a third goal of improving the experience and performance of multilingual students in the legal writing program.

A Guide To Gathering And Using Legislative History In Massachusetts, Sean J. Kealy

Faculty Scholarship

Lawyers must have the ability to interpret statutory language. Whether during criminal or civil litigation, advising a client on recent statutory changes or appearing before an administrative agency, the importance of statutes to the modern legal world is unquestioned. Although some jurists, notably Justice Antonin Scalia, question whether there can be such a thing as "legislative intent" and disregard materials that may be instructive to the court, most jurisdictions not only accept evidence of legislative intent, but seek it out.

The "Nature" Of Legal Dispute Bargaining, Robert J. Condlin

Faculty Scholarship

The longstanding debate over the relative merits of adversarial and communitarian theories of legal dispute bargaining has been in somewhat of a holding pattern for several years, but recent research in the field of cognitive neuroscience may break the logjam. Laboratory experiments and case studies in that field have shown how dispositions and capacities for social cooperation inherited from natural selection and evolution predispose humans to configure disputing as a mixture of argument over factual reality, disagreement over the interpretation of normative standards, and a search for impartial resolutions that protect the interests of everyone involved equally. This neurobiological inheritance …

Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Pulse: Finding The Meaning In A Massacre Through Gay Latino Intersectional Justice, Judith E. Koons

Faculty Scholarship

No abstract provided.

Patent "Trolls" And Claim Construction, Greg Reilly

Faculty Scholarship

This Essay explores the largely overlooked relationship between claim construction and patent assertion entities (patent “trolls”), finding that claim construction problems and trends benefit patent assertion entities. First, the Federal Circuit is deeply divided as to the proper approach to claim construction. This split is a significant contributor to uncertain patent scope, which is widely-recognized as a core reason for the rise and success of patent assertion entities. Second, case law and commentary increasingly endorse an approach to claim construction that relies on the “general meaning” in the technical field with limited reliance on the patent itself. This approach increases …

The Role Of Creative Language In Addressing Political Asymmetries: The Israeli-Arab Water Agreements, Itay Fischhendler, Aaron T. Wolf, Gabriel E. Eckstein

Faculty Scholarship

International water agreements are often used as mechanisms for fostering and institutionalizing political cooperation. Yet, since water resources in many places are being driven to the edge of their natural limits, a number of international organizations have formulated legal principles and norms aimed at helping states resolve water disputes. While states have been urged to adopt these principles, it seems that they often embrace other less-traditional alternatives that may better address their own political needs. The aim of this study is to examine why states fail or decline to adopt several of the general principles of customary law formulated by …

Uncertainty, Complexity, And Regulatory Design, Adam I. Muchmore

Faculty Scholarship

This Article develops an analytic framework for understanding the role of uncertainty in regulatory design. It begins by differentiating between three types of uncertainty: legal uncertainty, factual uncertainty, and uncertainty about the application of law to fact. This framework highlights the pervasiveness of factual uncertainty and law-fact uncertainty in daily affairs. Viewed through this framework, legal uncertainty is less problematic than it is typically thought to be.

The Article then focuses on legal uncertainty, examining it from two perspectives: the relationship between rules and standards, and the relationship between simplicity and complexity. It suggests that there are fundamental limits on …

Value And The Weight Of Practical Reasons, Joseph Raz

Faculty Scholarship

Assuming that the value of options (actions, activities, or omissions) constitutes the proximate reason for pursuing them, this chapter considers whether we have reason to promote or maximise value. A proper argument would require establishing a negative, but raising doubts is less demanding — explaining some aspects of the relation between values and reasons that enable us to dispense with the doubtful thesis by illustrating alternative relations between values and reasons. Theses that value should be promoted are accompanied by a way of determining the strength of reasons (the stronger reason promotes more value). This chapter develops theoretical doubts about …

Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property, Stefan Bechtold, Christopher Buccafusco, Christopher Jon Sprigman

Faculty Scholarship

No abstract provided.

Brief For Professor Walter Dellinger As Amicus Curiae In Support Of Petitioners, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Continuity And The Declaration Of Independence, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.