| |
| |
| Preface | |
| |
| |
| Introduction | |
| |
| |
| Judging Language | |
| |
| |
| |
| Chomsky and Cardozo | |
| |
| |
| Linguistics and the Law Cardozo's Hope | |
| |
| |
| Keeping the Law Flexible | |
| |
| |
| Chomsky and the Nature of Linguistic Knowledge | |
| |
| |
| Chomsky, Cardozo, and Mrs. Palsgraf | |
| |
| |
| |
| The Judge as Linguist The Last Antecedent Rule Mrs | |
| |
| |
| Anderson's Case Processing Strategies and the Last Antecedent Rule | |
| |
| |
| The Across the Board Rule | |
| |
| |
| Mr. Judge Drugs and the Last Antecedent Rule | |
| |
| |
| Last Antecedents and Legal Canons Empty Words | |
| |
| |
| The Interpretation of Pronouns | |
| |
| |
| Mr. Bass Pronouns and Taxation | |
| |
| |
| The And Or Rule Problems of Scope-And | |
| |
| |
| Means Or Support of Delinquent | |
| |
| |
| Children-The Problem with And Or Mr. Caine-Or | |
| |
| |
| Means And | |
| |
| |
| Adjectives and the Linguistics of Capital Punishment | |
| |
| |
| Why Judges Do Not Make Good Linguists | |
| |
| |
| |
| Stacking the Deck The Rule of Lenity Yermian | |
| |
| |
| Lenity and the Scope of Adverbs What about Brown? | |
| |
| |
| RICO-Lenity and the Meaning of Words | |
| |
| |
| The Linguistics of Insurance Policies The Jacober Accident Ignoring | |
| |
| |
| Language-Partridge Understanding Ambiguous Contracts | |
| |
| |
| |
| When the Language Is Clear How Plain Can Language Be? | |
| |
| |
| The "Plain Language" of RICO When the Language and Its Opposite Are Both Plain | |
| |
| |
| Understanding Patterns: RICO as an Unclear Statute | |
| |
| |
| Turketteand Russello | |
| |
| |
| Revisited: Some More Fuzzy Concepts | |
| |
| |
| When Is Plain Language Enough? | |
| |
| |
| |
| Too Much Precision | |
| |
| |
| The Quest for Precision | |
| |
| |
| Pronouns and the Fifth Amendment | |
| |
| |
| Devices to Limit Ambiguity of Reference in Legal Language | |
| |
| |
| Party of the First Part Replacing Pronouns with Names Said and Same Using Special Words | |
| |
| |
| The War against Legal Language How Much Better Can We Do? | |
| |
| |
| |
| Some Problems with Words | |
| |
| |
| Trying to Understand the Constitution People, Corporations, and Other Creatures | |
| |
| |
| What Is a Corporation Corporations, the Lexicon, and the Fifth Amendment | |
| |
| |
| Testimony and the Act of Speech | |
| |
| |
| The Current State of the Fifth Amendment Speech Acts | |
| |
| |
| Linguistics and the Fifth Amendment Admissions | |
| |
| |
| Admitting by Bleeding What Is a Search The Word "Search" | |
| |
| |
| The Fourth Amendment and the Lexicon | |
| |
| |
| Some Easy Cases and Some Hard Ones | |
| |
| |
| |
| Why It Hasn't Gotten Any Better | |
| |
| |
| Anderson and the Status Quo Expanding Legal Doctrine | |
| |
| |
| Getting Tough The Language of Judges | |
| |
| |
| Notes | |
| |
| |
| Table of Cases | |
| |
| |
| Index | |