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Articles 1 - 30 of 60
Full-Text Articles in Law
The Problem Of Extravagant Inferences, Cass Sunstein
The Problem Of Extravagant Inferences, Cass Sunstein
Georgia Law Review
Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …
The Economics Of Information And The Meaning Of Speech, Charles W. Collier
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 …
“You Keep Using That Word”: Why Privacy Doesn’T Mean What Lawyers Think, Joshua A.T. Fairfield
“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 …
Cartoon Contracts And The Proactive Visualization Of Law, Michael D. Murray
Cartoon Contracts And The Proactive Visualization Of Law, Michael D. Murray
University of Massachusetts Law Review
Contracts have always relied on text first, foremost, and usually exclusively. Yet, this approach leaves many users of contracts in the dark as to the actual meaning of the transactional documents and instruments they enter into. The average contract routinely uses language that only lawyers, law-trained readers, and highly literate persons can truly understand. There is a movement in the law in the United States and many other nations called the visualization of law movement that attempts to bridge these gaps in contractual communication by using highly visual instruments. In appropriate circumstances, even cartoons and comic book forms of sequential …
Jurisprudence Statements Versus Conventions In Islamic Jurisdiction
Jurisprudence Statements Versus Conventions In Islamic Jurisdiction
UAEU Law Journal
The Shariah text should be understood in light of the linguistic and contextual meaning understood during the time in which the text was issued. There might be a partial or total conflict between the text and the conventions. We should examine whether this conflict is total. In case the conflict was total, this will lead to suspending the text and removing its rule, then the convention will be decayed (void) and it will not be permissible to use. But if the conflict is partial as when the text is general and is in conflict with the conventions in some of …
The Reliable Revisionist, Caitlyn Schaffer
The Reliable Revisionist, Caitlyn Schaffer
Philosophy: Student Scholarship & Creative Works
The present text explores how the topic of head and heart is much more complicated than one would expect, according to Paul Henne and Walter Sinnot-Armstrong, contributors of Neuroexistentialism. “Does Neuroscience Undermine Morality” aims at figuring out the problem of which moral judgments we can trust, judgments from one’s head (revisionism) or judgments from one’s heart (conservatism). My hypothesis suggests the opposite of the authors, I believe that if you are a revisionist, your first order intuitions are reliable. After setting the framework, I make three main arguments. (A.) If you are able to self-correct then you can identify errors …
Ripensare La Razionalità: La Crescita Di Significato E I Limiti Del Formalismo, Susan Haack
Ripensare La Razionalità: La Crescita Di Significato E I Limiti Del Formalismo, Susan Haack
Articles
Man mano che la nostra conoscenza e la nostra esperienza crescono, i concetti assumono un significato nuovo e più ricco. La filosofia del linguaggio recente (post-Fregeana) hanno prestato poca attenzione a questo fenomeno; e filosofi radicali come Feyerabend e Rorty diedero per scontato che il cambiamento di significato fosse una minaccia alla razionalità. Ma i pensatori nella tradizione pragmatica classica – Peirce nella filosofia della scienza e, più implicitamente, Holmes nella teoria giuridica – riconobbero l’importanza della crescita di significato e capirono come questa potesse contribuire al progresso della scienza e all’adattamento di un sistema giuridico al cambiare delle circostanze. …
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
St. Mary's Law Journal
The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge. …
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 Meaning Of ''Intoxication'' In Australian Criminal Cases: Origins And Operation, Julia Quilter, Luke J. Mcnamara
The Meaning Of ''Intoxication'' In Australian Criminal Cases: Origins And Operation, Julia Quilter, Luke J. Mcnamara
Faculty of Law, Humanities and the Arts - Papers (Archive)
Although alcohol and drug use features prominently in many areas of criminal offending, there has been limited investigation of how the effects of alcohol and other drugs are treated by criminal laws and the criminal justice system. This article examines the framing of judicial inquiries about ''intoxication'' in criminal cases in Australia. It illustrates the diverse types of evidence that may (or may not) be available to judges and juries when faced with the task of determining whether a person was relevantly ''intoxicated.'' It shows that in the absence of legislative guidance on how the task should be approached, courts …
The Tragedy Of Justice Scalia, Mitchell N. Berman
The Tragedy Of Justice Scalia, Mitchell N. Berman
All Faculty Scholarship
Justice Antonin Scalia was, by the time of his death last February, the Supreme Court’s best known and most influential member. He was also its most polarizing, a jurist whom most students of American law either love or hate. This essay, styled as a twenty-year retrospective on A Matter of Interpretation, Scalia’s Tanner lectures on statutory and constitutional interpretation, aims to prod partisans on both sides of our central legal and political divisions to better appreciate at least some of what their opponents see—the other side of Scalia’s legacy. Along the way, it critically assesses Scalia’s particular brand of …
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
University of Richmond Law Review
No abstract provided.
Jack Sammons As Therapist, Jospeh Vining
Jack Sammons As Therapist, Jospeh Vining
Articles
Jack Sammons is well known as a pioneer in making the practice of law a field of academic study and teaching. He is also an original and penetrating analyst of law as such. This essay comments on his recent work, especially his putting the way we understand law and the way we understand music side by side and drawing out the parallels between them. Many will find his work a revelation.
Interpreting, Stephanie Jo Kent
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 …
James Madison And Wm. Blackstone: Introducing ‘The Kinetic Becomes The New Semantic’, Peter J. Aschenbrenner
James Madison And Wm. Blackstone: Introducing ‘The Kinetic Becomes The New Semantic’, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Wm. Blackstone’s Commentaries on the Laws of England achieved instant best-seller status in the United Kingdom. Blackstone’s 676,020 words overwhelms, in volume, James Madison’s 5,818 words devoted to the debate over Hamilton’s proposed Bank of the United States in 1791, the outcome of which went against Madison. It would be hard to find two less likely candidates for apples-to-apples comparison than the nascently academic Blackstone and the programmatic Madison. Our Constitutional Logic investigates
Table Annexed To Article: James Madison And Wm. Blackstone: Introducing ‘The Kinetic Becomes The New Semantic’, Peter J. Aschenbrenner
Table Annexed To Article: James Madison And Wm. Blackstone: Introducing ‘The Kinetic Becomes The New Semantic’, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Wm. Blackstone’s Commentaries on the Laws of England achieved instant best-seller status in the United Kingdom. Blackstone’s 676,020 words overwhelms, in volume, James Madison’s 5,818 words devoted to the debate over Hamilton’s proposed Bank of the United States in 1791, the outcome of which went against Madison. It would be hard to find two less likely candidates for apples-to-apples comparison than the nascently academic Blackstone and the programmatic Madison. Our Constitutional Logic investigates
On Creativity In Constitutional Interpretation, Pierre Schlag
On Creativity In Constitutional Interpretation, Pierre Schlag
Publications
In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Faculty Scholarship
In the United States and Europe the constitutionality of government displays of confessional symbols depends on whether the symbols also have nonconfessional secular meaning (in the U.S.) or whether the confessional meaning is at least absent (in Europe). Yet both the United States Supreme Court (USSCt) and the European Court of Human Rights (ECtHR) lack a workable approach to determining whether secular meaning is present or confessional meaning absent.
The problem is that the government can nearly always articulate a possible secular meaning for the confessional symbols that it uses, or argue that the confessional meaning is passive and ineffective. …
Artificial Meaning, Lawrence B. Solum
Artificial Meaning, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry into the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …
Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney
Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney
Saint Louis University Law Journal
No abstract provided.
In The Shadow Of An Absent Law. Human Rights And The Meaning From Conrad To Coppola,Via Eliot And Brooks, Pier Giuseppe Monateri
In The Shadow Of An Absent Law. Human Rights And The Meaning From Conrad To Coppola,Via Eliot And Brooks, Pier Giuseppe Monateri
Pier Giuseppe Monateri
"A Presentation Held at the Annual Meeting of Italian Association of Law and Literature (AIDEL) analyzing the way Coppola produces meaning through deferral giving the Human Rights content to the faceless horrors of Conrad's Kurtz, via essential quotations from Eliot. In this way the Author also purport a theory of the meaning of the Waste Land through the close reading of its Epigraphe after Pound's interventions,"
Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime
Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime
Touro Law Review
No abstract provided.
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Michael C. Dorf
Government acts, statements, and symbols that carry the social meaning of second-class citizenship may, as a consequence of that fact, violate the Establishment Clause or the constitutional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter “marriages” convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionally convey support for slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different audiences reach different conclusions about the meaning …
Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah
Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah
Faculty Publications
This article analyzes the discourse on genocide from two angles: the legal genesis of the term in the 1940s and subsequent legal "capture" of the concept of genocide, and a recent socio-political critique of the legal meaning of genocide. The article suggests that a cross-disciplinary critique of genocidal violence not only describes the event and the victim, but also produces knowledge of them as discursive "objects." The key issue is the "surveillance" role of the outside observer, also produced as such in discursive relation to the object. At stake in this view of genocide law as epistemology is the capacity …
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
University of Richmond Law Review
No abstract provided.
Happiness In Business Or Law, Peter H. Huang
Happiness In Business Or Law, Peter H. Huang
Publications
This article provides a short introduction to recent happiness research and its applications to business or law that is organized as follows. Section I briefly considers: (1) troubling and not so troubling reservations about happiness research, and (2) how money and happiness are related. Section II concisely surveys two sets of applications of happiness research to business, namely: (1) workplace well-being and meaning, and (2) marketing. Section III succinctly reviews two categories of happiness research implications for law: (1) business regulation, and (2) law student and lawyer happiness.
Words, Meanings, And Plain Language Interpretation, John Zingarelli
Words, Meanings, And Plain Language Interpretation, John Zingarelli
John Zingarelli
Courts routinely decide cases in accordance with the Plain Language Rule, which requires a literal interpretation of statutes wherever such statements are clear and do not lead to a result manifestly at odds with the intent of the legislation. The rule directs that once a plain meaning has been obtained further interpretation should cease, and that a court should consider no non-statutory material that would serve to destabilize or change the plain meaning. The rule, however, ignores an insight that has become fundamental to lexicography. More than 250 years ago Samuel Johnson demonstrated in his Dictionary of the English Language …
A Planet By Any Other Name…, Kimberly Kessler Ferzan
A Planet By Any Other Name…, Kimberly Kessler Ferzan
Michigan Law Review
In case you haven't heard, Pluto isn't a planet anymore (and maybe it never was). In grade school, we all memorized the planets, giving little thought to what made something a planet besides revolving around the Sun and being part of some familiar mnemonic. However, scientific discoveries about Pluto and other parts of space led scientists to question Pluto's planetary status and ultimately, to strip Pluto of its standing among the planets. This leads to the inevitable question-what is a planet?-which turns out to be a more difficult and fascinating question than one might think. The Pluto Files grapples with …
Metaphors, Meaning, And Health Reform, Sidney D. Watson
Metaphors, Meaning, And Health Reform, Sidney D. Watson
Saint Louis University Law Journal
No abstract provided.
Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright
Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright
University of Richmond Law Review
No abstract provided.