Fighting over words : language and civil law cases

著者

書誌事項

Fighting over words : language and civil law cases

Roger W. Shuy

Oxford University Press, 2008

大学図書館所蔵 件 / 全5件

この図書・雑誌をさがす

注記

Includes bibliographical references (p. 239-242) and index

内容説明・目次

内容説明

Most people fight over something or other and language is usually at the very center of the conflict. Often the way we use language is the cause of the battle. There are many areas in which fighting about language can be observed but civil law cases offer the most fertile examples of this warfare over words. What did the contract actually say? Was there deception in the advertising? Was the warning label clear and effective? Did the company evidence race of age discrimination against employees or customers? Was one company's name too similar to that of another company? Did the corporation plagiarize the work of another? Did it fraudulently represent what its work? This book is about the ways linguistic analysis describes, exposes, and aids disputes in 18 civil cases where language framed the battle ground. Roger Shuy, a well-known forensic linguist and consultant, shows how the skills of linguistic analysis can help resolve disputed meanings, while also showing how civil cases can prove to be fertile ground for linguistic scholarship. He does this by collecting and analyzing cases involving contracts, trademark disputes, advertisements, product liability, copyright infringement, discrimination, and fraud controversies. In each case he employs all the tools of formal linguistics to show how it can be as helpful as other physical sciences in resolving legal disagreements. The work will be of interest primarily to linguists - sociolinguists, forensic linguists, and scholars and students of law and society - as well as lawyers and law students.

目次

  • Foreword Section I: Business Contract Disputes: Introduction 1.: Peter Koehn v. Continental Casuality: "Or" in a Group Insurance Policy 2.: Matrixx v. New Strategies: Exclusive Marketing Services 3.: EMC v. Jeffrey Allen: Key Employee Agreement 4.: Nevada v. Professional Escorts: Interpreting State Code Section II: Deceptive Trade Practice: Introduction 5.: Dynamic Air v. Flexicon: Competing Conveying System advertisements 6.: 11 State Attorneys Generals v. Ciba-Geigy: Nicotine Patch advertisments 7.: Ackerman v. Royal Bank of PA: Certificates of Deposit advertisements Section III: Product Liability: Introduction 8.: Lassera v. Magniflux: Brain Damage From Cleaning Product 9.: Andrews v. Generac: Carbon Monoxide Poisoning 10.: Rinehart v. International Playtex: Toxic Shock from Tampons 11.: Proform v. Garrett: Toxic Gas in the Cockpit Section IV: Copyright Infringement: Introduction 12.: St. Martin's Press v. Vickers Oil: Book versus pamphlet Section V. Discrimination: Introduction 13.: HOME v. Havens Reality: Radical Steering in Real Estate 14.: Hanye v. General Electric: Age Discrimination 15.: Benekritis v. Darlington: Retaliatory Employment Discrimination Section VI: Trademarks: Introduction 16.: Woodroast Systems v. Restaurants Unlimited
  • and Palomino Euro-Metro Bistro: Ownership of the Word, "Wood-roasted" 17.: Warren Distribution v. Prestone Products Corp.: Battle over Antifreeze Section VII: Procurement Fraud: Introduction 18.: US v. Pratt Whitney: False Representation in a Government Contract Section VIII: How Linguists Can Help in Corporate Cases
  • Academic References

「Nielsen BookData」 より

詳細情報

ページトップへ