Roger Shuy, 2002 Palgrave Macmillan http://www.palgrave.com
Abstract:
Battles over knowledge, authority, and power are often fought when two
different fields address the same issues. This book takes an important
step towards showing how quite different fields, law and linguistics,
can work together effectively in trademark cases. After presenting the
basics of each field, readers are shown how linguistics was used in
ten trademark lawsuits, five of which had opposing linguists on each
side. Finally, helpful suggestions are given to both linguists and
lawyers.
CONTENTS:
Foreword - The Battle over Linguists and Law - A Very Brief
Introduction to Linguistics for Lawyers - Generic vs. Secondary
Meaning: Registry Hotel v. Hospitality Mgt. - Teaching a Jury About
Meaning: Warren v. Prestone - Sounding Alike and Meaning Alike:
Meaning: Registry Hotel v. Hospitality Mgt. - Teaching a Jury About
Meaning: Warren v. Prestone - Sounding Alike and Meaning Alike:
ConAgra v. Hormell - Descriptiveness: Nouns and Modifiers: Woodroast
v. Restaurants Unlimited - The Meaning of a Patronymic Prefix: Quality
Inns c. McDonalds - Sounding, Looking, and Meaning Different: AMR
Pharm v. American Home Products - Differences in the Ingredients,
Qualities and Characteristics of the Products: Pyewacket v.Mattel -
Going Beyond Competing, Company and Product Names: AutoNation USA
v. CarMax - Using Foreign Language Words in Trademarks: Alixandre Furs
v. Alexandros Furs - Disclaiming Dealership Authorization: Matrix
Essentials v. F & M. Distributors - Using Linguistics Tools and
Thinking in Trademark Disputes - Some Suggestions for Linguists - Some
Suggestions for Attorneys - Power, Control, and the Ownership of
Language - References - Cases
Hardback: ISBN: 0333997581, Pages: 224, Price: GBP45.00
Hardback: ISBN: 0333969022, Pages: 296, Price: GBP50.00
Abstract:
Linguists and lawyers from a range of countries and legal systems
explore the language of the law and its participants, beginning with
the role of the forensic linguist in legal proceedings, either as
expert witness or in legal language reform. Subsequent chapters
analyze different aspects of language and interaction in the chain of
events from a police emergency call through the police interview
context and into the courtroom, as well as appeal court and
alternative routes to justice.
Contents:
List of Tables - List of Figures - Acknowledgements - Notes on the
Contributors - Introduction: Language in the Legal Process;
J.Cotterill -PART I: THE LINGUIST IN THE LEGAL PROCESS - To Testify or
Not to Testify?;
R.W.Shuy - Whose Voice Is It? Invented and Concealed
Dialogue in Written Records of Verbal Evidence Produced by the Police;
M.Coulthard - Textual Barriers to United States Immigration;
G.Stygall - The Language and Law of Product Warnings; P.M.Tiersma -
PART II: THE LANGUAGE OF THE POLICE AND THE POLICE INTERVIEW -
'I Just Need to Ask Somebody Some Questions': Sensitivities in Domestic Dispute
Calls;
K.Tracy & R.R.Agne
- So...? Pragmatic Implications of So-Prefaced
Questions in Formal Police Interviews; A.Johnson
- 'Three's a Crowd': Shifts in Dynamics in the Interpreted Interview; S.Russell
- The Miranda Warnings and Linguistic Coercion: The Role of Footing in the
Interrogation of a Limited-English Speaking Murder Suspect;
S.Berk-Seligson
- PART III: THE LANGUAGE OF THE COURTROOM I: LAWYERS
AND WITNESSES
- 'Just One More Time...': Change and Continuity in Courtroom Narratives in the
Trials of OJ Simpson; J.Cotterill
- 'Evidence Given in Unequivocal Terms': Gaining Consent of Aboriginal
Young People in Court; D.Eades
- The Clinton Scandal: Some Legal Lessons from Linguistics; L.M.Solan
- Understanding the Other: A Case of Mis-Interpreting Culture-Specific Utterances
at Alternative Dispute Resolution; R.H.Moeketsi
- PART IV: THE LANGUAGE OF THE COURTROOM II: JUDGES AND JURIES
- The Meaning of 'I Go Bankrupt': An Essay in Forensic Linguistics; S.Bernstein
- 'If You Were Standing in Marks and Spencers': Narrativization and Comprehension
in the English Summing-Up; C.Heffer
- Reasonable Doubt about Reasonable Doubt: Assessing Jury Instruction Adequacy
in a Capital Case; B.K.Dumas
- Discipline and Punishment in the Discourse of Legal Decision on Rape
Trials; D.de C.Figueiredo
JANET COTTERILL is a Lecturer in Language and Communication at Cardiff
University. She is Joint Editor of Forensic Linguistics: The
International Journal of Speech, Language and the Law.
Hardback: ISBN: 0333969022, Pages: 296, Price: GBP50.00