Law Commons^™

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

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

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, …

How To Enhance Interdisciplinary Competence—Interdisciplinary Problem-Based Learning Versus Interdisciplinary Project-Based Learning, Mirjam Brassler, Jan Dettmers

Interdisciplinary Journal of Problem-Based Learning

Interdisciplinary competence is important in academia for both employability and sustainable development. However, to date, there are no specific interdisciplinary education models and, naturally, no empirical studies to assess them. Since problem-based learning (PBL) and project-based learning (PjBL) are learning approaches that emphasize students’ collaboration, both pedagogies seem suitable to enhance students’ interdisciplinary competence. Based on the principle of constructive alignment and four instructional principles on interdisciplinary learning, this paper proposes that students profit more from interdisciplinary PBL (iPBL) than interdisciplinary PjBL (iPjBL). A pre-post study was conducted with a sample of 95 students participating in iPBL and 183 students …

Details In Testimony: How Hedge Words Influence People’S Perceptions Of Victim Testimony Credibility, Justine B. Rayborn

Student Theses

The purpose of this study was to examine whether hedge words and the age of a memory can influence the way participants (mock jurors) perceive an alleged sexual assault victim’s credibility. Prior research has demonstrated many issues that can affect the accuracy of memory for childhood events such as childhood amnesia, fragmented and distorted memories, false memories and source monitoring errors and the way in which jurors’ decisions can be swayed based on verbal cues to confidence. Here, we further investigated whether jurors' decisions are sensitive to the age of the memory—an event that happened in the recent or distant …

"Y'All And All These Assessments Is A Little Bit Too Much" : The Effects Of High-Stakes Testing On Critical Literacy Pedagogy., Diana Lalata

College of Arts & Sciences Senior Honors Theses

As the United States of America becomes increasingly diverse, there is a need for teachers to embrace multiculturalism within the classroom. Shifting away from the traditional “banking model” of teaching, educational researchers call for a more critical approach—one in which teachers and students challenge dominant beliefs and practices of education. Foregrounded in those aims of cultural competence and critical consciousness, “critical literacy pedagogy” addresses the politicization of literacy education and employs conscious curriculum and teaching strategies to empower marginalized voices. Although a number of case studies on critical literacy pedagogy show considerable promise in disrupting dominant discourse and developing cultural …

#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson

BYU Law Review

No abstract provided.

Forensic Linguistics: Applying The Science Of Linguistics To Issues Of The Law, Robert A. Leonard, Juliane E. R. Ford, Tanya Karoli Christensen

Hofstra Law Review

No abstract provided.

Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig

Dissertations, Theses, and Capstone Projects

Human Trafficking Intervention Courts (HTICs) have been operating in New York City in an effort to connect victims of human trafficking to treatment programs. Unfortunately, the net that the courts cast was too wide and people who did not identify as victims of human trafficking were coerced into treatment programs that they did not need or want. Through textual discourse analysis and ethnographic observation, this paper explores the contestation of victimhood in HTICs by focusing on the experiences of defendants and how they are perceived by the police, judges, and other agents of the HTICs. Before entering the HTICs, defendants …

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks …

Visualizing Abolition: Two Graphic Novels And A Critical Approach To Mass Incarceration For The Composition Classroom, Michael Sutcliffe

SANE journal: Sequential Art Narrative in Education

This article outlines two graphic novels and an accompanying activity designed to unpack complicated intersections between racism, poverty, and (d)evolving criminal-legal policy. Over 2 million adults are held in U.S. prison facilities, and several million more are under custodial supervision, and it has become clearly unsustainable. In the last decade, there has been a shift in media conversations about criminality, yet only a few suggest decreasing our reliance upon incarceration. In meaningfully different ways, the two novels trace the development of incarceration from its roots in slavery to its contemporary anti-democratic iteration and offer an underpublicized alternative.

Critical and community …

Talking Back, With Reawakened Voices: Analyzing The Potential For Indigenous California Languages Coursework At California Polytechnic State University, Logan Cooper

Ethnic Studies

The legacy of colonialism in the United States, including genocidal practices and cultural assimilation, has left Indigenous languages endangered. Native peoples, scholars, and activists have been working to revive and heal the languages of America’s first peoples, and the cultures those languages speak to, yet more work remains in the field of language revitalization. California Polytechnic State University, San Luis Obispo currently does not offer any course specifically teaching or discussing Indigenous languages, even those of the Chumash people who know the San Luis Obispo area as their ancestral homelands.

By synthesizing revitalization and Indigenous activist literature with the narratives …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Is Self-Sufficiency Really Sufficient? A Critical Analysis Of Federal Refugee Resettlement Policy And Local Attendant English Language Training In Portland, Oregon, Domminick Mcparland

Dissertations and Theses

Since the 1951 United Nations Convention, nations have dealt with refugee issues in various ways. In the United States, since the Vietnam War, there has been great debate and a significant amount of research on issues of refugee resettlement, with these discourses inherently involving issues of power and ideology. English language training and the promotion of economic self-sufficiency have been interventions used to integrate and assimilate refugees into American culture and society. These two interventions were the subject of the current investigation.

The purpose of this study was to look into the way federal refugee resettlement policy mandated by the …

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …

Aesthetic Functionality And Genericism, Charles E. Colman

Charles E. Colman

This presentation, the basis for a working article, begins by positing that U.S. trademark law's denial of exclusive rights in "generic" words and phrases is, in essence, a proxy for what might be called "linguistic functionality." In other words, the doctrine of genericism is simply one iteration of trademark law's general principle that no one may claim exclusive rights where recognition of such rights would produce anticompetitive results. Unfortunately, when it comes to non-word marks -- and perhaps most notably, product-design "trade dress" -- courts have neglected to establish a uniform, coherent, and fully theorized test for evaluating "genericism." The …

Hawking Hyphens In Compound Modifiers, Joan Ames Magat

Faculty Scholarship

The first principle of legal writing is surely its clarity — visible actors (unless the action matters more), uncluttered syntax, and, of course, logical structure. But the little things can matter to clarity, too — such as deliberate punctuation that signifies. In the language of law, in which compound nouns are rife, the reader can feel adrift as to where modifiers end and the noun begins. (Consider government-subsidized health flexible-spending arrangement without those hyphens.) Hyphens help. Whether an author cares to hyphenate the noun is his call; but hyphenating compound modifiers (also called phrasal adjectives, though they may include adverbs …

Implementing Language Policy For Deaf Students In A Texas School District, Sarah Compton

Sarah Compton

Language policy implementation is a complex, multilayered process. Understanding this process can be achieved by identifying the agents, layers, and processes of language planning and policy activities, analyzing the layers independently, and examining the relations among the layers. Considering these dimensions, this article explicates how U.S. special education policy functions as de facto language policy for deaf students. Turning to implementation in local contexts, data from a larger multi-sited, qualitative case study of a Texas school district is presented to show how individuals act as policy-implementing agents and how their beliefs about language and education policy influences the policy discourses …

What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt

Indiana Journal of Global Legal Studies

Translation and interpretation have long played a vital role in many legal contexts, from providing equal rights to defendants to facilitating mutual understanding among the members of the United Nations. Legal language, though, is incredibly complex and even faithfully equivalent translations can fail to meet the high standards required for operation in international legal contexts, where a lack of understanding over a single term could mean the difference between a material and non-material breach in a treaty or transnational contract. Branches of linguistics, such as comparative legal linguistics and forensic linguistics, study the characteristics and functions of legal language across …

The Legal Challenges Of Networked Robotics: From The Safety Intelligence Perspective, Yueh-Hsuan Weng, Sophie T.H. Zhao

Yueh-Hsuan Weng

The Hegemony Of English In South African Education, Kelsey E. Figone

Scripps Senior Theses

The South African Constitution recognizes 11 official languages and protects an individual’s right to use their mother-tongue freely. Despite this recognition, the majority of South African schools use English as the language of learning and teaching (LOLT). Learning in English is a struggle for many students who speak indigenous African languages, rather than English, as a mother-tongue, and the educational system is failing its students. This perpetuates inequality between different South African communities in a way that has roots in the divisions of South Africa’s past. An examination of the power of language and South Africa’s experience with colonialism and …

The Rubber Bands Are Broken; Opening The ‘Punctualized’ European Administration Of Justice, Paul Van Den Hoven

Paul van den Hoven

In this paper the speculative thesis is explored that in our era of digital connectivity, the remarkable capacity of a legal institution to absorb a huge amount of social dynamics as if it is a priori already present in a closed, ‘punctualized’ institution , leads to a serious loss of public legitimacy. The main argument is that such response to alternative, ‘rich’ narratives isolates the institution in an era in which digital technology creates actants that make such isolation untenable.

Sociolinguistics Barriers: Constructing And Reproducing Temporary Migrants' Social Inequalities, Maria Eugenia De Luna Villalón

Western Migration Conference Series

This study explores the sociolinguistic barriers that Mexican Agricultural Temporary Workers (MATW) experience during their temporary stays in Canada. Following an ethnographic approach, some of the findings were that the sociolinguistic barriers lead to sociolinguistic dependency, increasing and perpetuating human and social inequalities of the MATW.

Plenary No Longer: How The Fourteenth Amendment "Amended" Congressional Jurisdiction-Stripping Power, Maggie Blackhawk

All Faculty Scholarship

This Note proposes a solution to the long-standing debate among federal courts scholars as to where to draw the limits of congressional power to strip appellate jurisdiction from the Supreme Court and to strip original jurisdiction from the lower federal courts. Although the Supreme Court has rarely addressed the possibility of limitations on congressional jurisdiction-stripping power, the few determinative cases to go before the Court reveal an acceptance of the orthodox view of plenary power. Proponents of the orthodox view maintain that state courts, bound to hear constitutional claims by their general jurisdictional grant and to enforce the Constitution by …

Manifest Greatness The Final Original Version By Emmanuel Mario B Santos Aka Marc Guerrero, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS vf24jan2010 WE COME TOGETHER THERE OUGHT TO BE NO POOR WE TAKE CHARGE.

Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version5 by Marc Guerrero with Tato Malay

Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version3 by Marc Guerrero with Jay Fajardo

Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version2 by Marc Guerrero with Danielle van Asch-Prevot

Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS Panahon ng mga Filipino ang 21st century: Ang Asian Century (Ang pagpapanumbalik sa likas na Karangalan ng lahat ng Filipino sa buong mundo) Manifest Greatness is a work-in-progress Manifesto of, for and by Filipino citizens of the world in synergy with foreign national friends of the Filipino people worldwide in pursuit of genuine entrepreneurial wisdom