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Articles 1 - 5 of 5
Full-Text Articles in Law
The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey
The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey
Journal Articles
When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It …
The Rationalist Tradition At Trial, James L. Kainen
The Rationalist Tradition At Trial, James L. Kainen
James L. Kainen
Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …
Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez
Name Narratives: A Tool For Examining And Cultivating Identify, Margaret E. Montoya, Irene Morris Vasquez, Diana V. Martinez
Faculty Scholarship
This paper uses Critical Race Theory and LatCrit terminology, analytical approaches, and discursive conventions, including autobiographical narratives. From their inception, names are embedded with meaning and coded with identity, and over time, they become layered with nuance and memory. We divide this article into three sections, Part I is a brief overview of recent commentaries in newspapers and public radio related to names, particularly as they pertain to identity and specifically to Latinas/os. Part II is a description of how Professor Irene Vasquez has used Name Narratives in the undergraduate classroom to help students deepen their understanding of their cultural …
Letters Non-Testamentary, Deborah Gordon
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 …