Law Commons^™

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

What Mcculloch V. Maryland Got Wrong: The Original Meaning Of 'Necessary' Is Not 'Useful', 'Convenient', Or 'Rational', Steven Calabresi, Gary S. Lawson, Elise Kostial

Faculty Scholarship

McCulloch v. Maryland, echoing Alexander Hamilton nearly thirty years earlier, claimed of the word “necessary” in the Necessary and Proper Clause: “If reference be had to its use, in the common affairs of the world, or in approved authors, we find that it frequently imports that one thing is convenient, or useful . . . to another.” Modern case law has translated that understanding into a rational-basis test that treats the issue of necessity as all but nonjusticiable; The Supreme Court has never found a congressional law unconstitutional on the ground that it was not “necessary . . . …

Generic Ab Initio, James A. Heilpern, Earl Kjar Brown, William G. Eggington, Zachary D. Smith

Buffalo Law Review

From comic conventions to disbanded dioceses, courts continue to struggle with a unique but puzzling question of trademark law. Federal law protects certain terms that refer to a product or service from a specific producer instead of to a product generally. Terms that refer to products are considered generic and cannot receive protection. Courts have also held that a term that was generic at the time the party adopted the mark cannot receive protection, even if the public later views it as being specific to a particular producer. But, many marks were adopted decades or centuries ago. As a result, …

Corpus Linguistics Criticisms Of Heller Misuse Corpus Linguistics, Michael Showalter

SMU Law Review Forum

A number of linguistics experts have asserted that new corpus-linguistics evidence undermines the U.S. Supreme Court’s conclusion in District of Columbia v. Heller that the Second Amendment phrase keep and bear arms means to possess and carry weapons. At the time of ratification, the term bear arms carried both an idiomatic sense meaning “to serve as a soldier” and a literal sense meaning “to carry weapons.” The Heller majority concluded that the Second Amendment uses the literal sense, partly because the idiomatic reading has the absurd implication of causing the Amendment to protect a right to serve as a soldier. …

The Economics Of Information And The Meaning Of Speech, Charles W. Collier

Catholic University Law Review

In common usage the communication of information is not sharply distinguished from the use of language or speech to make factual or propositional statements. So it should come as no surprise that one of the main legal justifications for protecting speech--that it underwrites a “marketplace of ideas” and thereby contributes to the search for truth--has strong parallels in the economic theory of information. “Indeed,” as Kenneth Arrow writes, “the market system as a whole has frequently been considered as an organization for the allocation of resources; the typical argument for its superiority to authoritative central allocation has been the greater …

Vedantic Basis And Praxis Of The Integral Advaita Of Sri Aurobindo, Debashish Banerji

Monsoon: South Asian Studies Association Journal

The integral nondualism of Sri Aurobindo can be traced to the great pronouncements (mahāvākya) of the Upanishads and later commentaries. This study examines teachings on the Supermind (vijñāna) and the other four kinds of consciousness that define human reality: Matter (annaṃ), Life (prāṇaḥ), Mind (manaḥ), and Bliss (ānanda). Through Yoga and Tantra, one learns and embodies the pathway to the divine.

Digital And Spatial Humanities Mapping: Eurasia-Pacific Early Trade And Belief Linkages, Igor Sitnikov, David Blundell

Monsoon: South Asian Studies Association Journal

The Eurasia-Pacific is a dynamic region of rapid economic growth, cultural awareness, natural resource exploration, and military buildup. The concept of the region is relatively new, featuring contested vast areas of geo-resource space of numerous cultures and languages. The current findings in anthropology and archaeology and even its more specific subfields such as folklore are important contribution to the understanding of periodic environmental changes and technical innovations were the main forces of transformations in social structures that have determined the mechanisms and levels of cross-cultural trade activity across the region. We have traced early trade and belief linkages across Eurasia-Pacific …

Tusha Hiti: The Origin And Significance Of The Name, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

In this article, the author examines the royal bath called Tushā Hiti located in Sūndari Chowk (Beautiful Courtyard) of Pātan Durbar Square, using six different methods of investigation. The question: What is in a name? started the ball of investigation rolling and along the way were added more supporting blocks such as history, iconography, function and purpose, notion of purity and impurity, and finally the hiti in popular culture to get a complete picture of the subject in question.

Diversity, Equity, And Inclusion: Perspectives From Contemporary India And 6th Century Jain Yoga, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Times New Roman

Ganges In Indian Sculpture And Literature: Mythology And Personification, Nalini Rao

Monsoon: South Asian Studies Association Journal

The river Ganges is a symbol of wealth, purity and eternity, and its sacred waters have inspired sages, philosophers, and artists in India who have immortalized its divine imagery. However, it has rarely been understood from a historical point of view, as to how it became so sacred and to view it from a multi-dimensional and interdisciplinary perspective with an accumulation of layers of historical thought and practices, provides a rationale for the living practices around the river. The paper explores the evolution of the concept of sacredness and eternity of River Ganges through art- historical and archaeological evidence. It …

“You Keep Using That Word”: Why Privacy Doesn’T Mean What Lawyers Think, Joshua A.T. Fairfield

Scholarly Articles

This article explores how the need to define privacy has impeded our ability to protect it in law.

The meaning of “privacy” is notoriously hard to pin down. This article contends that the problem is not with the word “privacy,” but with the act of trying to pin it down. The problem lies with the act of definition itself and is particularly acute when the words in question have deep-seated and longstanding common-language meanings, such as liberty, freedom, dignity, and certainly privacy. If one wishes to determine what words like these actually mean to people, definition is the wrong tool …

Collateral Damage: How Expanding Public Charge Policy Influences Adult Esl Enrollment, Allison M. Eckert

Master's Theses

This study used statistical analysis of enrollment records for ESL programs at community colleges throughout California from 2015-2019 to determine whether adult immigrants’ participation in public ESL programs was reduced under President Donald Trump. Immigrant families’ lesser use of public education services and means-tested federal benefits has been widely documented in the wake of Trump’s expansion of the public charge rule, which counted immigrants’ use of a wider array of public benefits against their case for residency in the United States than had any previous iteration of the rule. Failing the public charge test can block an immigrant’s entry into …

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Journal Articles

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …

Predictors Of Refugees’ Ability To Pass The United States Citizenship Exam, Molly Grover, Fern Hauck, Sarah Blackstone, Emily Cloyd

Virginia Journal of Public Health

Background: Passing the United States citizenship exam can be challenging for refugee populations for several reasons, including affordability of English classes, time restraints, medical stressors, and limited formal education. The purpose of this study was to examine factors that may influence a refugees’ ability to pass the citizenship exam, including English proficiency, education, employment, and completion of English as a Second Language (ESL) classes.

Methods: Refugee patients at the International Family Medicine Clinic (IFMC) in Central Virginia participated in a survey that assessed their levels of English proficiency and whether or not they had passed the citizenship exam. The survey …

What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo

Faculty Scholarship at Penn Carey Law

To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated …

Linguistic Estoppel: A Custodial Interrogation Subject’S Reliance On Traditional Language Customs When Facing Unknown Expectations For Legally Efficacious Speech, Taylor J. Smith

BYU Law Review

For various reasons, speakers often communicate indirectly, hiding their words’ true meaning beneath an apparent surface meaning. For example, a woman trying to brush off her co-worker’s date invitation might respond, “I have to prepare for a presentation tomorrow.” While the words’ surface meaning doesn’t relate to the date invitation, the hearer usually understands the underlying message—that is to say, the words’ function differs from their form. However, because the law’s language ideology requires directness and surface-level meaning, lay-speaking interrogation subjects often have difficulty effectively invoking their Miranda rights. Because the legal system’s search for determinacy often results in reliance …

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

Modern Languages Presentations

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …

Linguicide In The Digital Age: Problems And Possible Solutions, Michael Adelson

French Summer Fellows

This project aims to assess the relative success of revitalization efforts for seven languages: Welsh, Scottish Gaelic, Irish, Hopi, Navajo, Breton, and Occitan. The success of linguistic revitalization is determined through comparative analysis of minority languages in the United States, the United Kingdom, Ireland, and France as seen through each country’s history, melting pot experiences, traditions, language protection laws, education system, in addition to the differing levels of diffusion via the Internet. A key point of analysis is the strength of language protection laws in the United States, United Kingdom, Ireland, and France. Language is the most primordial expression of …

Does Justice Have A Syntax?, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski

Publications and Research

Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …

How Indigenous-Language Court Interpreters And Clients Navigate The U.S. Court System Under Strict Court-Interpreting Guidelines, Ashten Lehwalder

University Honors Theses

In Oregon, requests for court interpreters of languages indigenous to Latin America have increased within the last few years. However, the number of available indigenous-language court interpreters in the U.S. remains low. During the 2019 U.S.--Mexico Border Crisis, many refugees seeking asylum were from Mayan communities; indigenous-language court interpreters struggled to meet the demand. Even though court interpreting is a civil right in the U.S., many individuals have been afforded inadequate language services, or have gone without interpreters altogether. This study seeks to understand the experience of indigenous-language court interpreters, who must operate according to a code of ethics, through …

Technologies Of Language Meet Ideologies Of Law, Anya Bernstein

Journal Articles

No abstract provided.

Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods

BYU Law Review

No abstract provided.

The Property Species: Mine, Yours, And The Human Mind, Bart J. Wilson

Economics Faculty Books and Book Chapters

"Arguing that neither the sciences nor the humanities synthesizes a full account of property, the book offers a cross-disciplinary compromise that is sure to be controversial: Property is a universal and uniquely human custom. Integrating cognitive linguistics with philosophy of property and a fresh look at property disputes in the common law, the book makes the case that symbolic-thinking humans locate the meaning of property within a thing. That is, all human beings and only human beings have property in things, and at its core, property rests on custom, not rights. Such an alternative to conventional thinking contends that the …

The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones

Brigham Young University Journal of Public Law

No abstract provided.

Linguistic Features Of False Confessions And Confessions Not In Dispute: A Corpus Analysis, Lucrezia Rizzelli

Student Theses

Confessions are considered the gold standard of evidence, and yet many cases of false confessions causing wrongful convictions have come to the surface in the past decades. Currently, a method to identify false confessions does not exist and studies focusing on the content of the confessions have found similarities rather than points of distinction. In this study, we approached confessions from a stylistic rather than qualitative point of view, utilizing corpus analysis to outline the linguistic features of two samples of confessions: false confessions (n=37) and confessions not in dispute (n=98). Subsequently, we created a model …

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.

The Anonymity Heuristic: How Surnames Stop Identifying People When They Become Trademarks, Russell W. Jacobs

Dickinson Law Review (2017-Present)

This Article explores the following question central to trademark law: if a homograph has both a surname and a trademark interpretation will consumers consider those interpretations as intrinsically overlapping or the surname and trademark as completely separate and unrelated words? While trademark jurisprudence typically has approached this question from a legal perspective or with assumptions about consumer behavior, this Article builds on the Law and Behavioral Science approach to legal scholarship by drawing from the fields of psychology, linguistics, economics, anthropology, sociology, and marketing.

The Article concludes that consumers will regard the two interpretations as separate and unrelated, processing surname …

Exploring Diversity With A "Culture Box" In First-Year Legal Writing, Ann N. Sinsheimer

Articles

Studying law is in many ways like studying another culture. Students often feel as though they are learning a new language with unfamiliar vocabulary and different styles of communication. Throughout their legal education, students are also exposed to a profession comprised of unique traditions and expectations. As a result, learning law takes time and energy. It can be both engaging and frustrating and may even challenge some of students’ values and belief systems. To ease her students’ transition to law school, the author starts her course each year with a “culture box” exercise, which encourages students to examine who they …

Semantic Originalism, Moral Kinds, And The Meaning Of The Constitution, Ash Mcmurray

BYU Law Review

No abstract provided.