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Articles 61 - 90 of 387
Full-Text Articles in Law
Legal Education En Español: A Pedagogical Model, Jayesh Rathod
Legal Education En Español: A Pedagogical Model, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
Law schools in the United States are pursuing various strategies to prepare their graduates to compete in a global marketplace for jobs. One such strategy is the development of courses and programs designed to equip law graduates with the knowledge and skills needed to serve as effective bilingual advocates. As part of this effort, in recent years, teachers and scholars have engaged in curricular experimentation and ongoing theorizing about the optimal methods and approaches for bilingual legal education. This essay builds upon existing theoretical work and outlines a unique, bilingual instructional model that involves adding an optional credit hour – …
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
University of Richmond Law Review
No abstract provided.
The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro
The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro
Dickinson Law Review (2017-Present)
At Justice Neil Gorsuch’s confirmation hearing, then-Judge Gorsuch repeatedly insisted that judging involves no more than examining the legal materials—like statutes and precedents— and applying them to the facts of the case. There is, he emphasized, no room for a Justice’s “personal views,” and he refused even to state his agreement (or disagreement) with such iconic cases as Loving v. Virginia and Griswold v. Connecticut. Instead, then Judge Gorsuch reiterated only that they were precedents of the Court and thus entitled to respect. Frustrating as his answers may have been to some senators, however, they differed from answers given …
Working Sex Words, Anita Bernstein
Working Sex Words, Anita Bernstein
Michigan Journal of Gender & Law
Imagine yourself tasked to speak for a few minutes about legal controls on sex-selling in the United States, or any other country you choose. You need not have thought about the particulars. As someone willing to read a law review article, you have enough to say because sex-selling overlaps with the subject knowledge you already have. Criminal law, contracts, employment law, immigration law, tort law, zoning, commercial law, and intellectual property, among other legal categories, all intersect with this topic. In your brief remarks on how law attempts to mediate the sale and purchase of sex, you have only one …
The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne
The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne
University of Arkansas at Little Rock Law Review
No abstract provided.
Corpus Linguistics: Misfire Or More Ammo For The Ordinary - Meaning Canon?, John D. Ramer
Corpus Linguistics: Misfire Or More Ammo For The Ordinary - Meaning Canon?, John D. Ramer
Michigan Law Review
Scholars and judges have heralded corpus linguistics—the study of language through collections of spoken or written texts—as a novel tool for statutory interpretation that will help provide an answer in the occasionally ambiguous search for “ordinary meaning” using dictionaries. In the spring of 2016, the Michigan Supreme Court became the first to use corpus linguistics in a majority opinion. The dissent also used it, however, and the two opinions reached different conclusions. In the first true test for corpus linguistics, the answer seemed to be just as ambiguous as before.
This result calls into question the utility of corpus linguistics. …
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Sonia Bychkov Green
This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.
The Words Under The Words, Patrick Barry
The Words Under The Words, Patrick Barry
Articles
The words lawyers choose can change the decisions people make. Psychologists call the mechanics of this change “framing.” They’ve found, for example, that more people will decide to have a surgery if they are told that the “survival rate is 90%” than if they are told that the “mortality rate is 10%” — even though a survival rate of 90% is exactly the same as a mortality rate of 10%. They’ve also found that having to pay a “surcharge” for using a credit card rankles people (especially people in the credit card lobby) more than if they were simply told …
A Mother Of A Problem: How The Language Of Inequality Affects Maternity Leave Policies And Women In Law Firms, Hannah Arenstam
A Mother Of A Problem: How The Language Of Inequality Affects Maternity Leave Policies And Women In Law Firms, Hannah Arenstam
Northwestern Journal of Law & Social Policy
No abstract provided.
Law As Trope: Framing And Evaluating Conceptual Metaphors, Harold Anthony Lloyd
Law As Trope: Framing And Evaluating Conceptual Metaphors, Harold Anthony Lloyd
Pace Law Review
Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.
“Why Should I Go Vote Without Understanding What I Am Going To Vote For?” The Impact Of First Generation Voting Barriers On Alaska Natives, James Thomas Tucker, Natalie A. Landreth, Erin Dougherty Lynch
“Why Should I Go Vote Without Understanding What I Am Going To Vote For?” The Impact Of First Generation Voting Barriers On Alaska Natives, James Thomas Tucker, Natalie A. Landreth, Erin Dougherty Lynch
Michigan Journal of Race and Law
This article explores the many forms of discrimination that have persisted in Alaska, the resulting first generation voting barriers faced by Alaska Native voters, and the two contested lawsuits it took to attain a measure of equality for those voters in four regions of Alaska: Nick v. Bethel and Toyukak v. Treadwell. In the end, the court’s decision in Toyukak came down to a comparison of just two pieces of evidence: (1) the Official Election Pamphlet that English-speaking voters received that was often more than 100 pages long; and (2) the single sheet of paper that Alaska Native language …
No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann
No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann
The Scholar: St. Mary's Law Review on Race and Social Justice
In the context of fulfilling civic duties as a citizen, accessibility to language assistance programs ensures every individual, including those with limited English proficiency (LEP), is afforded the opportunity to exercise their fundamental rights. Preservation of the integrity of the justice system must be provided in a comprehensive manner, not merely in one part of the legal proceedings or isolated to one part of the courthouse. LEP citizens should be integrated in public society, not disqualified from it. Statutes that create overly burdensome language proficiency standards create problems with the jury selection process. These standards limit and often deny LEP …
Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos
Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos
Master's Theses
This thesis considers the ways in which Armenian history has influenced integration of Syrian-Armenian refugees into Armenia due to the ongoing Syrian War. Ethnic Armenian outlooks were analyzed relative to the influx of Syrian refugees, particularly co-ethnic Syrian-Armenians. Field work in Armenia found a sustained cultural impression of Armenians’ Soviet membership and genocide. Findings suggest that recognizing the importance of history as it may or may not affect migration reception policies and attitudes is important to developing sustainable resettlement environments, at least until repatriation or third-country resettlement becomes an option to migrants. Ultimately, this thesis argues that more attention must …
Speech And Strife, Robert L. Tsai
Speech And Strife, Robert L. Tsai
Robert L Tsai
The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …
Democracy's Handmaid, Robert L. Tsai
Democracy's Handmaid, Robert L. Tsai
Robert L Tsai
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …
Comma But Differentiated Responsibilities: Punctuation And 30 Other Ways Negotiators Have Resolved Issues In The International Climate Change Regime, Susan Biniaz
Michigan Journal of Environmental & Administrative Law
International climate change negotiations have a long history of being contentious, and much has been written about the grand trade-offs that have allowed countries to reach agreement. Issues have often involved, for example, the level of ambition, differentiated treatment of Parties, and various forms of financial assistance to developing countries.
Lesser known are the smaller, largely language-based tools negotiators have used to resolve differences, sometimes finding a solution as subtle as a shift in the placement of a comma. These tools have operated in different ways. Some, such as deliberate imprecision or postponement, have “resolved” an issue by sidestepping it …
Nobel Prizes Would Have Flunked Benzene: Judicial Review Of Administrative Evidence Overlooks Science's Linguistic Tradition, Jimmy J. Zhuang
Nobel Prizes Would Have Flunked Benzene: Judicial Review Of Administrative Evidence Overlooks Science's Linguistic Tradition, Jimmy J. Zhuang
Seton Hall Circuit Review
No abstract provided.
Carrot Or Stick? The Shift From Voluntary To Mandatory Disclosure Of Risk Factors, Karen K. Nelson, Adam C. Pritchard
Carrot Or Stick? The Shift From Voluntary To Mandatory Disclosure Of Risk Factors, Karen K. Nelson, Adam C. Pritchard
Articles
This study investigates risk factor disclosures, examining both the voluntary, incentive-based disclosure regime provided by the safe harbor provision of the Private Securities Litigation Reform Act as well as the SEC's subsequent mandate of these disclosures. Firms subject to greater litigation risk disclose more risk factors, update the language more from year to year, and use more readable language than firms with lower litigation risk. These differences in the quality of disclosure are pronounced in the voluntary disclosure regime, but converge following the SEC mandate as low-risk firms improved the quality of their risk factor disclosures. Consistent with these findings, …
English Language Instruction, Student Engagement, And Sustainable Practices In Rural Ecuador, Pablo J. Sanchez, Morgan R. Zajkowski
English Language Instruction, Student Engagement, And Sustainable Practices In Rural Ecuador, Pablo J. Sanchez, Morgan R. Zajkowski
Journal of Vincentian Social Action
St. John’s University’s Vincentian Institute for Social Action aims to develop student commitment to social justice through required coursework, international travel, and community service. A strong theoretical foundation ensures that administrators and students are consistently reflecting on the dynamics of power and engaging with community members in an ethical manner. Our framework should continue conversations with the community about the value of foreign language education in their particular regional and global context and encourage students to see themselves as part of a sustainable process. Where many universities and organizations provide volunteer experiences similar in theory, we hope to improve on …
Linguistic Legislation And Transnational Commercial Activity: France & Belgium, Thomas E. Carbonneau
Linguistic Legislation And Transnational Commercial Activity: France & Belgium, Thomas E. Carbonneau
Thomas Carbonneau
For French and francophonic people, the continued vitality of their linguistic heritage is an integral part of their sense of national identity and cultural cohesiveness. The truth of this statement has been corroborated recently by legislative enactments in France and in Belgium which prescribe and/or recommend the use of French in certain private commercial and governmental activity taking place within these countries. This legislation represents an attempt to provide a partial remedy to what has been perceived generally as the syntactical and lexical "contamination" of the French language resulting from the dominance of English or, more precisely, American English, in …
All Copying Is Not Created Equal: Borrowed Language In Supreme Court Opinions, Adam Feldman
All Copying Is Not Created Equal: Borrowed Language In Supreme Court Opinions, Adam Feldman
The Journal of Appellate Practice and Process
No abstract provided.
Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead
Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead
University of Richmond Law Review
No abstract provided.
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
University of Richmond Law Review
No abstract provided.
Employment Of Graduates Of Japanese Language, Rowena G. Ward
Employment Of Graduates Of Japanese Language, Rowena G. Ward
Faculty of Law, Humanities and the Arts - Papers (Archive)
An underlying assumption behind the former Australian Federal Labor Government's 2012 Asian Century White Paper was that language skills were not only important for Australia's future engagement with its regional neighbours but would also lead to employment opportunities. Yet, little research has been undertaken into the employment of graduates with majors in languages, irrespective of the language. This paper discusses the results of an online survey on the use of their Japanese language in employment by graduates who undertook a major or a minor in Japanese language between 2008 and 2012. The results discussed here focus on the questions which …
Idiris, Idiris, Tsos
Idiris, Idiris, Tsos
TSOS Interview Gallery
Idiris is an 18-year-old Somalian refugee now living inUtah. He describes his life, mentioning that he only lived in Somalia for six years then moved to Ethiopia, where he stayed for seven and a half years.His life inEthiopia was peaceful and happy in comparison to Somalia, where Idiris and his family witnessed continuous violence. Idiris’s father eventually learned of the opportunities and education available in America and decided to move his family there for a better life, leaving behind family and friends. Coming to America, Idiris and his family did not know what their new home would be like. They …
How The E-Government Can Save Money By Building Bridges Across The Digital Divide, Alison Rogers
How The E-Government Can Save Money By Building Bridges Across The Digital Divide, Alison Rogers
Michigan Journal of Race and Law
As government agencies and federal aid recipients begin to build a presence online, they must recognize that language accessibility is morally required, fiscally responsible, and compulsory under federal civil rights law. This Note explores statutes, federal policies, and case law that purport to protect the rights of limited English proficient (“LEP”) individuals in cyberspace. The Note suggests reforms, policies, and programs that should be adopted by federal aid recipients to ensure that LEP individuals have meaningful access to online services.
The Role Of Language Interpretation In Providing A Quality Mediation Process, Alexandra Carter, Shawn Watts
The Role Of Language Interpretation In Providing A Quality Mediation Process, Alexandra Carter, Shawn Watts
Faculty Scholarship
This paper focuses on the role of language in mediation and the challenges multiple language fluencies bring to the practice. Beginning with a discussion of the process and ethics of mediation as a form of alternative dispute resolution, as distinct from other forms of dispute resolution including arbitration, the paper shifts to consider the importance of language. Language, and more specifically interpretation, plays a central role in the integrity of the mediation process and the quality of its outcomes. Each stage of mediation requires the participants and the mediator understand one another to ensure effective communication and a quality process. …
On The Linguistic Design Of Multinational Courts — The French Capture, Mathilde Cohen
On The Linguistic Design Of Multinational Courts — The French Capture, Mathilde Cohen
Mathilde Cohen
Confessing In The Human Voice: A Defense Of The Privilege Against Self-Incrimination, Andrew E. Taslitz
Confessing In The Human Voice: A Defense Of The Privilege Against Self-Incrimination, Andrew E. Taslitz
School of Law Faculty Publications
ABSTRACT OF CONFESSING IN THE HUMAN VOICE: A DEFENSE OF THE PRIVILEGE AGAINST SELF-INCRIMINATION
By Andrew E. Taslitz
The privilege against self-incrimination has fallen on hard times. Miranda rights shrink, as do those more traditional “core” aspects of the privilege. Partly this is due to an implicit skepticism by the courts about the value of the privilege, despite their occasional explicit words of praise for its role in our constitutional scheme. Scholars largely, though not uniformly, agree that the privilege cannot be justified as a philosophical matter, viewing it as an unfortunate burden we are stuck with because of its …
Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich
Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich
Michigan Journal of Environmental & Administrative Law
The practice of law is not a game. Administrative law in particular can implicate important issues that impact people’s health, safety, and welfare and change business’ profitability or even viability. Nonetheless, it can seem like a game. This is because courts rarely explain administrative law rulings in terms of the public purposes and policies at issue in lawsuits. Instead, the courts’ administrative law opinions tend to turn on arcane interpretive doctrines with silly names, such as the “Chevron two-step” or “Chevron step zero.” To advance doctrinal arguments, advocates and courts engage in linguistic debates that resemble a smokescreen—tending to obscure …