Water, Water, Nowhere: Adapting Water Rights For A Changing Climate,
2017
American University Washington College of Law
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Sustainable Development Law & Policy
No abstract provided.
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies,
2017
American University Washington College of Law
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson
Sustainable Development Law & Policy
No abstract provided.
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts,
2017
American University Washington College of Law
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson
Sustainable Development Law & Policy
No abstract provided.
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure,
2017
American University Washington College of Law
Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin
Sustainable Development Law & Policy
No abstract provided.
You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems,
2017
American University Washington College of Law
You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2017
American University Washington College of Law
National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations,
2017
St. John's University School of Law
National Origin Discrimination Against Americans Of Southern And Eastern European Ancestry: A Review Of The Legal History And Judicial Interpretations, Rachel Rossoni Munafo
The Catholic Lawyer
No abstract provided.
The Quality Of Life: From Roe To Quinlan And Beyond,
2017
St. John's University School of Law
The Quality Of Life: From Roe To Quinlan And Beyond, Joseph Cincotta
The Catholic Lawyer
No abstract provided.
August 19, 2017: What A Weak President Actually Looks Like,
2017
Duquesne University
August 19, 2017: What A Weak President Actually Looks Like, Bruce Ledewitz
Hallowed Secularism
Blog post, “What a Weak President Actually Looks Like“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 16, 2017: Moral, Historical And Legal Confusions Over Charlottesville,
2017
Duquesne University
August 16, 2017: Moral, Historical And Legal Confusions Over Charlottesville, Bruce Ledewitz
Hallowed Secularism
Blog post, “Moral, Historical and Legal Confusions over Charlottesville“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Test Case For Presidential War Power: North Korea And Trump,
2017
Benjamin N. Cardozo School of Law
The Test Case For Presidential War Power: North Korea And Trump, Deborah Pearlstein
Online Publications
My friend Marty Lederman has a characteristically useful post up about one of many important legal questions surrounding options in the current stand-off between the United States and North Korea. As he puts it: “Would it be lawful under the U.S. Constitution for Trump to use force, including nuclear weapons, as a ‘first strike’ against North Korea, in an effort to degrade that nation’s nuclear capabilities, absent evidence that Korea has already decided to strike the United States and is going to do so with no time for legislative deliberation?”
Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany,
2017
Brigham Young University Law School
Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made In Germany, Hanjo Hamann, Friedemann Vogel
BYU Law Review
German legal thinking is renowned for its hair-splittingly sophisticated dogmatism. Yet, some of its other contributions to research are frequently overlooked, both at home and abroad. Two such secondary streams recently coalesced into a new corpus-based research approach to legal practice: Empirical legal research (which had already developed in Germany by 1913) and research on language and law (following German pragmatist philosopher Ludwig Wittgenstein’s work of 1953). This Article introduces both research traditions in their current German incarnations (Evidence-Based Jurisprudence and Legal Linguistics) and shows how three common features—their pragmatist observation of social practices, their interest in dissecting legal authority, …
Comments On James C. Phillips & Jesse Egbert, Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content-Analysis Methodologies To Improve Corpus Design And Analysis,
2017
Brigham Young University Law School
Comments On James C. Phillips & Jesse Egbert, Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content-Analysis Methodologies To Improve Corpus Design And Analysis, Edward Finegan
BYU Law Review
No abstract provided.
Corpus Linguistics As A Tool In Legal Interpretation,
2017
Brigham Young University Law School
Corpus Linguistics As A Tool In Legal Interpretation, Lawrence M. Solan, Tammy Gales
BYU Law Review
In this paper, we set out to explore conditions in which the use of large linguistic corpora can be optimally employed by judges and others tasked with construing authoritative legal documents. Linguistic corpora, sometimes containing billions of words, are a source of information about the distribution of language usage. Thus, corpora and the tools for using them are most likely to assist in addressing legal issues when the law considers the distribution of language usage to be legally relevant. As Thomas R. Lee and Stephen C. Mouritsen have so ably demonstrated in earlier work, corpus analysis is especially helpful when …
A Lawyer’S Introduction To Meaning In The Framework Of Corpus Linguistics,
2017
Brigham Young University Law School
A Lawyer’S Introduction To Meaning In The Framework Of Corpus Linguistics, Neal Goldfarb
BYU Law Review
Corpus linguistics is more than just a new tool for legal interpretation. Work in corpus linguistics has generated new ways of thinking about word meaning and about the interpretation of words in context. These insights challenge the assumptions that lawyers and judges generally make about words and their meaning. Although the words that make up a sentence are generally regarded as the basic units of meaning, corpus analysis has shown that in many cases, the meaning of a word as it is used in a given context is a function, not of the word by itself, but of the word’s …
Ordinary Meaning And Corpus Linguistics,
2017
Brigham Young University Law School
Ordinary Meaning And Corpus Linguistics, Stefan Th. Gries, Brian G. Slocum
BYU Law Review
This Article discusses how corpus analysis, and similar empirically based methods of language study, can help inform judicial assessments about language meaning. We first briefly outline our view of legal language and interpretation in order to underscore the importance of the ordinary meaning doctrine, and thus the relevance of tools such as corpus analysis, to legal interpretation. Despite the heterogeneity of the judicial interpretive process, and the importance of the specific context relevant to the statute at issue, conventions of meaning that cut across contexts are a necessary aspect of legal interpretation. Because ordinary meaning must in some sense be …
Datamining The Meaning(S) Of Progress,
2017
Brigham Young University Law School
Datamining The Meaning(S) Of Progress, Jake Linford
BYU Law Review
No abstract provided.
The Dictionary As A Specialized Corpus,
2017
Brigham Young University Law School
The Dictionary As A Specialized Corpus, Jennifer L. Mascott
BYU Law Review
Scholars consider reliance on dictionary definitions to be the antithesis of objective, big-data analysis of ordinary meaning. This Article contests that notion, arguing that when dictionaries are treated as a specialized database, or corpus, they provide invaluable textured understanding of a term. Words appear in dictionaries both as terms being defined and as terms defining other words. Examination of every reference to a contested term throughout a dictionary’s definitional entries of other words may substantially benefit statutory and constitutional interpretation. Because dictionaries catalog language, their use as a specialized corpus provides invaluable insight into the ways a particular word is …
Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content Analysis Methodologies To Improve Corpus Design And Analysis,
2017
Brigham Young University Law School
Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content Analysis Methodologies To Improve Corpus Design And Analysis, James C. Phillips, Jesse Egbert
BYU Law Review
The nascent field of law and corpus linguistics has much to offer legal interpretation. But to do so, it must more fully incorporate principles from survey and content-analysis methodologies used in the social sciences. Importing such will provide greater rigor, transparency, reproducibility, and accuracy in the important quest to determine the meaning of the law. This Article highlights some of those principles to provide a best- practices guide to those seeking to perform law and corpus linguistic analysis.
Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record,
2017
Brigham Young University Law School
Triangulating Public Meaning: Corpus Linguistics, Immersion, And The Constitutional Record, Lawrence B. Solum
BYU Law Review
This Article contributes to the development of an originalist methodology by making the case for an approach that employs three distinct methods, each of which serves as a basis for confirming or questioning the results reached by the other two. This approach will be called the Method of Triangulation. The three component techniques are as follows: 1. The Method of Corpus Linguistics: The method of corpus linguistics employs large-scale data sets (corpora) that provide evidence of linguistic practice. 2. The Originalist Method of Immersion: The method of immersion requires researchers to immerse themselves in the linguistic and conceptual world of …
