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- Empirical analysis; empirical legal studies; scientific evidence; reliability; legal scholarship; litigation; data fishing; false positives; type-I error; type-II error; statistics; statistical analysis; quantitative research; statistical significance; expert evidence; data manipulation; credibility; causal inference; Daubert; Rule 702; accuracy; selective reporting; research practices; hypothesis testing; data mining; p-hacking; p-value; HARking; data dredging; data analysis; hired gun; battle of the experts; big data; incorrect verdicts; data exploration; cross-validation; pilot studies; regression; subgrouping; trial evidence; juries; jurors; judges; courts; professors; experimental study; study design; randomized controlled trial; RCT; statistical research; observational study; Federal Rules of Evidence; false convictions; decision-making; verdict error; evidence law; civil procedure; expert testimony (1)
- Grammar; Statutory Ambiguity; Textualism; Syntax; Roberts Court; Grammar-based Arguments; Linguistics (1)
- Holy Trinity Church v. United States; Modern Textualism; Textualism; Statutory Interpretation; Context; Pragmatics; Linguistics; Anti-Literalism; Originalism (1)
- Household finance; Debt's Grip; financial precarity; interdisciplinary research; sociolegal studies; consumer bankruptcy; empirical research; empirical studies of bankruptcy filers; social context of bankruptcy; using empirical data to inform policy; Consumer Bankruptcy Project; interdisciplinary sociolegal team focused on data collection; data-driven scholarship; challenges of interdisciplinary scholarship; consumer finance research (1)
- Pet Fish Canon; Statutory interpretation; Statutes; Roberts Court; Statutory Canon; Linguistics; Dictionaries; Ordinary Meaning (1)
- Pragmatics; Textualism; Linguistics; Law and Language; Larry Solan; Textualism; Festschrift; Statutory Construction; Statutory Interpretation; Philosophy of Language (1)
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Articles 1 - 30 of 79
Full-Text Articles in Legal Writing and Research
Interdisciplinary Research Is Hard And Other Lessons From Debt’S Grip, Pamela Foohey, Robert M. Lawless, Deborah Thorne
Interdisciplinary Research Is Hard And Other Lessons From Debt’S Grip, Pamela Foohey, Robert M. Lawless, Deborah Thorne
Brooklyn Journal of Corporate, Financial & Commercial Law
This symposium spotlights recent book-length treatments of household finance. Its organizers asked us to write an essay that would add to our recently published book, Debt’s Grip. At first, we were at a loss. The book documents what it means to live in financial precarity after decades of risk shifting onto households in the United States. We had spent a couple of years writing the book, which in turn is built on over a decade of teamwork in data collection. If we had something more to say, we would have said it in the book. For those looking for new …
Pragmatics And Textualism, Lawrence B. Solum
Pragmatics And Textualism, Lawrence B. Solum
Journal of Law and Policy
In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles include contextual disambiguation and the communication of implicit content via what is called “pragmatic enrichment.” Textualism is sometimes characterized as the view that the meaning of statutory texts should not take context into account, but that characterization is incorrect. Not only do self-identified textualists explicitly maintain that context should be considered when interpreting statutes—all good textualists must do so. Absent consideration of context, the meaning of statutory texts would be pervasively ambiguous, sparse, and incomplete. Good textualism requires …
The Enduring Relevance Of Congress Despite The Court's Shift To “Ordinary Reader” Statutory Interpretation, Abbe R. Gluck, Laila M. Robbins
The Enduring Relevance Of Congress Despite The Court's Shift To “Ordinary Reader” Statutory Interpretation, Abbe R. Gluck, Laila M. Robbins
Journal of Law and Policy
Has Congress become irrelevant to statutory interpretation? The dominant theoretical and doctrinal paradigm in American statutory interpretation has always been the conversation between Congress and the courts. Today, however, the Court’s new, second-generation textualists claim they have left Congress behind. They argue they have changed textualism’s perspective, from an “insider” perspective focused on Congress’s textual choices, to an “outsider” perspective based on how “ordinary people” read statutes. The Court’s self-professed shift away from a legiscentric approach, if true, would be a seismic shift in the conception of the judicial role. Whereas judges and scholars—including first-generation textualists—had for a century focused …
The Broad Church Of Modern Textualism, Nicole Steitz, Brian G. Slocum, Kevin Tobia
The Broad Church Of Modern Textualism, Nicole Steitz, Brian G. Slocum, Kevin Tobia
Journal of Law and Policy
Nearly thirty years ago, Justice Scalia’s Tanner lectures branded Holy Trinity Church v. United States (1892) as the anti-textualist archetype, a decision trumping the text’s plain meaning with a suspect judicial investigation of the law’s purpose or spirit. And so Holy Trinity seemed, until Gales and Solan’s groundbreaking empirical study supported an alternative reading of the key statutory term (“labor or service”) that would avoid this conflict between text and purpose. Taking inspiration from Gales and Solan, we reconsider Holy Trinity using the precepts of modern textualism, with its increased emphasis on context, pragmatics, anti-literalism, legal meaning, holistic meaning, non-compositionality, …
The Pet Fish Canon, William N. Eskridge Jr.
The Pet Fish Canon, William N. Eskridge Jr.
Journal of Law and Policy
Inspired by the work of the late Professor Larry Solan, this article proposes that judges recognize as one of the textualist canons of statutory construction a “pet fish” canon. Such a canon would posit that when an ordinary reader would understand two or more words to yield a meaning that is different than the sum of the two words defined separately, the statutory interpreter should not disaggregate them. The Roberts Court has already followed such a linguistic precept in some statutory cases, and this article proposes that the Court recognize this as a canon considered at least as seriously as …
Grammar & Syntax Arguments On The Roberts Court, Anita S. Krishnakumar
Grammar & Syntax Arguments On The Roberts Court, Anita S. Krishnakumar
Journal of Law and Policy
In his excellent book, The Language of Judges, Professor Solan demonstrates how judges use grammatical or linguistic arguments to avoid acknowledging statutory ambiguity—and how they often get the grammar or linguistics wrong. Since his book was published, textualism has become the dominant interpretive approach on the U.S. Supreme Court—and we have seen increasingly prominent battles involving grammatical devices and rules. This comment takes Professor Solan’s analysis as a jumping off point to evaluate how grammar and linguistic arguments are employed on the modern Supreme Court, in the age of textualism. The comment offers a brief empirical and doctrinal assessment of …
One Tort, Four Iracs, And Five Lessons About Rule Support Cases, Alissa Bauer
One Tort, Four Iracs, And Five Lessons About Rule Support Cases, Alissa Bauer
Faculty Scholarship
No abstract provided.
Stories From The Negative Spaces: United States V. Thind And The Narrative Of (Non)Whiteness, Joy Kanwar
Stories From The Negative Spaces: United States V. Thind And The Narrative Of (Non)Whiteness, Joy Kanwar
Faculty Scholarship
No abstract provided.
Bob Lutz - Expert, Mentor, And Friend, Diane Penneys Edelman
Bob Lutz - Expert, Mentor, And Friend, Diane Penneys Edelman
Faculty Scholarship
No abstract provided.
Reimagining Langdell’S Legacy: Puncturing The Equilibrium In Law School Pedagogy, Joy Kanwar, Rachel Gurvich, Danielle Tully, Laura Webb, Alexa Chew, Jane Cross
Reimagining Langdell’S Legacy: Puncturing The Equilibrium In Law School Pedagogy, Joy Kanwar, Rachel Gurvich, Danielle Tully, Laura Webb, Alexa Chew, Jane Cross
Faculty Scholarship
No abstract provided.
Credibility In Empirical Legal Analysis, Hillel J. Bavli
Credibility In Empirical Legal Analysis, Hillel J. Bavli
Brooklyn Law Review
Empirical analysis is central in both legal scholarship and litigation, but it is not credible. Researchers can manipulate data to arrive at any conclusion they wish to obtain. A practice known as data fishing—searching for and selectively reporting methods and results that are favorable to the researcher—entirely invalidates a study’s results by giving rise to false positives and false impressions. Nevertheless, it is prevalent in law, leading to false claims, incorrect verdicts, and destructive policy. In this article, I examine the harm that data fishing in empirical legal research causes. I then build on methods in the sciences to develop …
Race And Lawyering In The Legal Writing Classroom, Danielle L. Tully
Race And Lawyering In The Legal Writing Classroom, Danielle L. Tully
Faculty Scholarship
No abstract provided.
Reimagining Langdell's Legacy: Puncturing The Equilibrium In Law School Pedagogy, Danielle L. Tully, Rachel Gurvich, Laura Webb, Alexa Chew, Jane Cross, Joy Kanwar
Reimagining Langdell's Legacy: Puncturing The Equilibrium In Law School Pedagogy, Danielle L. Tully, Rachel Gurvich, Laura Webb, Alexa Chew, Jane Cross, Joy Kanwar
Faculty Scholarship
No abstract provided.
Finding The Right Angle: Lessons From Mathematics For The Legal Writing Classroom, Maria Termini
Finding The Right Angle: Lessons From Mathematics For The Legal Writing Classroom, Maria Termini
Faculty Scholarship
No abstract provided.
Lawyering 'Twisties': Naming And Untangling Performance Anxiety, Heidi K. Brown
Lawyering 'Twisties': Naming And Untangling Performance Anxiety, Heidi K. Brown
Faculty Scholarship
No abstract provided.
The Silver Lining Of The Covid-19 Pandemic: Building Effective - And Enduring - International Legal Education Opportunities, Diane Penneys Edelman
The Silver Lining Of The Covid-19 Pandemic: Building Effective - And Enduring - International Legal Education Opportunities, Diane Penneys Edelman
Faculty Scholarship
No abstract provided.
Healthy Hives: Can Replacing Hierarchies With Intergroup Teams Transform Our Profession?, Heidi K. Brown
Healthy Hives: Can Replacing Hierarchies With Intergroup Teams Transform Our Profession?, Heidi K. Brown
Faculty Scholarship
No abstract provided.
Between Irac & A Hard Place: A Strategy For Winning Early Student Buy-In To The Paradigm, Meg Holzer, Susan Greene
Between Irac & A Hard Place: A Strategy For Winning Early Student Buy-In To The Paradigm, Meg Holzer, Susan Greene
Faculty Scholarship
No abstract provided.
Finding Your 'Flow', Heidi K. Brown
Pandemic Pause, Heidi K. Brown
The Cultural (Re)Turn: The Case For Teaching Culturally Responsive Lawyering, Danielle L. Tully
The Cultural (Re)Turn: The Case For Teaching Culturally Responsive Lawyering, Danielle L. Tully
Faculty Scholarship
No abstract provided.
Correcting The Record: Post-Publication Corrections And The Integrity Of Legal Scholarship, Janet Sinder
Correcting The Record: Post-Publication Corrections And The Integrity Of Legal Scholarship, Janet Sinder
Faculty Scholarship
No abstract provided.
Get With The Pronoun, Heidi K. Brown
Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler
Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler
Faculty Scholarship
No abstract provided.
Hendiadys In The Language Of The Law: What Part Of "And" Don't You Understand?, Elizabeth Fajans, Mary R. Falk
Hendiadys In The Language Of The Law: What Part Of "And" Don't You Understand?, Elizabeth Fajans, Mary R. Falk
Faculty Scholarship
No abstract provided.
Contributions To The Intellectual Life Of The Institution And The Profession, Janet Sinder
Contributions To The Intellectual Life Of The Institution And The Profession, Janet Sinder
Faculty Scholarship
No abstract provided.
Navigating Introvert Hell, Heidi K. Brown
When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar
When Truth Is Not Truth: Thoughts On Teaching In An Era Of Alternative Facts, Joy Kanwar
Faculty Scholarship
No abstract provided.
Fear And Lawyering, Heidi K. Brown
Face Fear - Don't Fake It, Heidi K. Brown