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2014

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Articles 1 - 16 of 16

Full-Text Articles in Law

The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol Nov 2014

The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship. Cognizant of, and notwithstanding such limitations, this …


Faut-Il Obéir À La Loi ? – Les Pensées Politiques Des Femmes Dans La Littérature Épistolaire Et Les Mémoires Choisis À L’Époque De La Révolution Française, Justyna Czader Oct 2014

Faut-Il Obéir À La Loi ? – Les Pensées Politiques Des Femmes Dans La Littérature Épistolaire Et Les Mémoires Choisis À L’Époque De La Révolution Française, Justyna Czader

Open Access Theses

L'écriture est un témoin qui est difficilement corrompu-Montesquieu, L'esprit des lois. Mémoires and lettres de prisons take us to places we haven't been: prisons in bloody revolutionary Paris and the deadly Place de la Concorde. Women with different social backgrounds fought for their rights denied officially by the revolutionary authorities. They fought back was through plays, mémoires or letters. According to Philippe Lejeune, since the 18th century autobiography has become a phenomenon of civilization. I argue that the lettres de prison present not only a form of epistolary communication, but also as many personal testimonies, recollections of events and emotions …


Revising Civil Rule 56: Judge Mark R. Kravitz And The Rules Enabling Act, Edward H. Cooper Oct 2014

Revising Civil Rule 56: Judge Mark R. Kravitz And The Rules Enabling Act, Edward H. Cooper

Articles

This contribution uses the history of amending Federal Rule of Civil Procedure 56, “Summary Judgment,” to pay tribute to Mark R. Kravitz and to the Rules Enabling Act process itself. The three central examples involve discretion to deny summary judgment despite the lack of a genuine dispute as to any material fact, the choice whether to prescribe a detailed “point–counterpoint” procedure for presenting and opposing the motion, and the effect of failure to respond to a motion in one of the modes prescribed by the rule. These topics are intrinsically important. The ways in which the Civil Rules Advisory Committee …


Official Languages Inside And Outside The Institutions: An Analysis Of Recent Cases, Julian Currall Sep 2014

Official Languages Inside And Outside The Institutions: An Analysis Of Recent Cases, Julian Currall

Georgia Journal of International & Comparative Law

No abstract provided.


Interpreting, Stephanie Jo Kent Aug 2014

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 …


Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger May 2014

Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger

Touro Law Review

No abstract provided.


Copyright And Inequality, Lea Shaver Feb 2014

Copyright And Inequality, Lea Shaver

Lea Shaver

The prevailing theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is that all consumers are not equal. The majority of the world’s people experience copyright law not as a boon to consumer choice, but as a barrier to acquiring knowledge and taking part in cultural life. The resulting patterns of privilege and disadvantage, moreover, reinforce and perpetuate preexisting social divides. Class and culture combine to explain who wins, and who loses, from copyright protection. Along the dimension of class, the insight is that just because new works …


Resource Development And Teacher Training: A Model Of Interactive Whiteboard (Wb) Integration In Language Labs, Lidia Bilbatua, Laetitia Vedrenne Jan 2014

Resource Development And Teacher Training: A Model Of Interactive Whiteboard (Wb) Integration In Language Labs, Lidia Bilbatua, Laetitia Vedrenne

Faculty of Law, Humanities and the Arts - Papers (Archive)

Pedagogical research often focuses on learners’ experience of technologyenhanced learning environments. It is widely accepted that effective use of Information and Communication Technologies (ICT) in learning requires the learner to be already fluent in them (Lai and Morrison 2013: 154). If this is the case, then practitioners also need to be competent, yet the digital literacy of today’s learners often appears greater than that of practitioners. This translates into a big gap between learners and practitioners in ability and confidence in the use of ICTs.

In this paper, we present the outcomes of a research project funded by the University …


Back To The Classroom: Language Educators Learning A Language, Lidia Bilbatua, Laetitia Vedrenne, Rowena G. Ward Jan 2014

Back To The Classroom: Language Educators Learning A Language, Lidia Bilbatua, Laetitia Vedrenne, Rowena G. Ward

Faculty of Law, Humanities and the Arts - Papers (Archive)

As part of our preparation for this presentation, we undertook research into the field of teachers as students etc but there is virtually none irrespective of language or other. Research on the motivation of students and teachers and the differences between teachers’ beliefs and their actual classroom practice is ample but there is virtually nothing on teachers as students and the impact that being a student had on their teaching practise etc. In some ways, it seems that once you are a language teacher, you are expected to remember what it is like to study a language – from our …


“How Do You ... Use Film Viewing To Enhance Language Comprehension?", Alfredo Herrero De Haro Jan 2014

“How Do You ... Use Film Viewing To Enhance Language Comprehension?", Alfredo Herrero De Haro

Faculty of Law, Humanities and the Arts - Papers (Archive)

In this article I will be looking at ways of using films to enhance students’ language comprehension, following on from the How do you…? section in the previous issue of Vida Hispánica, -henceforth Herrero de Haro (2013)-.


Teachers' Attitudes Towards Computer-Assisted Language Learning In Australia And Spain, Lidia Bilbatua, Alfredo Herrero De Haro Jan 2014

Teachers' Attitudes Towards Computer-Assisted Language Learning In Australia And Spain, Lidia Bilbatua, Alfredo Herrero De Haro

Faculty of Law, Humanities and the Arts - Papers (Archive)

A review of the existing literature shows that when it comes to studying attitudes towards CALL (Computer-Assisted Language Learning), researchers have traditionally focused on students’ perspectives and ignored teachers’ views. This study focuses on teachers’ attitudes towards CALL in order to gain a better understanding of what issues, advantages, and disadvantages teachers come across when incorporating CALL into their teaching. Furthermore, a group of teachers from Australia and Spain has been interviewed to compare how views on CALL vary across professionals in these two countries. As some authors have previously proved, the more IT literate teachers are, the more likely …


Hiding In Plain Sight: "Conspicuous Type" Standards In Mandated Communication Statutes, Mary Beth Beazley Jan 2014

Hiding In Plain Sight: "Conspicuous Type" Standards In Mandated Communication Statutes, Mary Beth Beazley

Scholarly Works

Professor Beazley defines the concept of mandated communication statutes in this examination of typeface, language, and the mind's ability to comprehend certain syntax. This article has a simple premise: when a government mandates written communication, it should present the mandated communication in a way that speeds comprehension. When communication is so important that the government is mandating the words and the presentation method, the writer and not the reader should not bear the burden of making sure that the information is comprehensible. In other words, the reader should not have to work to decipher the information; the writer should work …


Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen Jan 2014

Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen

Publications

The fiftieth anniversary of the Civil Rights Act of 1964 offers an important opportunity to reflect on an earlier moment when civil rights evolved to accommodate new waves of immigration. This essay seeks to explain how civil rights laws evolved to include rights for immigrants and non-English speakers. More specifically, it seeks to explain how policy entrepreneurs in agencies read an affirmative right to language access.


Toward Greater Guidance: Reforming The Definitions Of The Foreign Corrupt Practices Act, Matthew W. Muma Jan 2014

Toward Greater Guidance: Reforming The Definitions Of The Foreign Corrupt Practices Act, Matthew W. Muma

Michigan Law Review

The Foreign Corrupt Practices Act of 1977 is the cornerstone of the United States’ efforts to combat the involvement of U.S. companies and individuals in corruption abroad. Enforced by both the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the Act targets companies and individuals that pay bribes to “foreign officials,” a nebulous category of persons that includes everyone from foreign cabinet members to janitors at companies only partially owned by a foreign state. After only sporadic enforcement in the early years of the Act’s existence, the SEC and DOJ now bring many cases annually. This increased …


The Plra’S Dividing Language: Statutory Interpretation And Applying The Attorney’S Fees Cap At The Appellate Level, Maxwell Murtaugh Jan 2014

The Plra’S Dividing Language: Statutory Interpretation And Applying The Attorney’S Fees Cap At The Appellate Level, Maxwell Murtaugh

Saint Louis University Law Journal

No abstract provided.


Letters Non-Testamentary, Deborah Gordon Dec 2013

Letters Non-Testamentary, Deborah Gordon

Deborah S Gordon

Letters written in anticipation of death, so-called “last letters,” appear frequently in American case law, especially when inheritance is at issue. One common appearance is when such letters are offered to serve as wills for decedents who leave no other written indication of testamentary intent. Even where a properly attested will exists, though, many courts have construed letters as codicils – addenda – to the more traditional instruments, though such letters sometimes contradict or substantially alter the original wills. Courts also use letters as tools for interpreting ambiguous documents and as mechanisms for determining whether a formal property arrangement, a …