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