Corpus Linguistics as a Method of Legal Interpretation: Some Progress,Some Questions

Corpus linguistics is becoming a respected method of statutory and constitutional interpretation in the United States over the past decade, yet it has also generated a backlash from a group of scholars that engage in empirical work. This essay attempts to demonstrate both the contributions and the risks of using linguistic corpora as a primary tool in legal interpretation. Its legitimacy stems from the fact that courts routinely state that statutory terms, when not defined as a matter of law, are to be given their ordinary meaning. Judges have responded to this challenge, with the assistance of the linguistics community, by using corpora to determine which meanings are ordinary. However, legal analysts have not determined exactly what makes one meaning ordinary and another not ordinary. This gap has led to a level of disagreement in the field. Moreover, while linguists who engage in corpus linguistic analysis typically emphasize the importance of context, the legal application is peculiarly context-free, in keeping with legal philosophies that eschew reliance on reference to a law’s purpose and the intent of the legislature that enacted it. This move adds a political dimension to corpus analysis as a means of legal interpretation. Yet, the article concludes that by relying on a blend of general and specialized corpora, the legal system can substantially reduce the problem of contextualization, as some linguists and practitioners have already recognized.

     

Zhengqing Zhang,Intellectual Property Rights in China (Philadelphia: University of Pennsylvania Press, 2019) 298 P. $54.58 Hardback

Journal of Chinese Political Science -     

The political economy of labor market deregulation during IMF interventions

This study examines the relationship between policy interventions by the International Monetary Fund (IMF) and de jure labor rights. Combining two novel data sets with unprecedented country-year coverage – leximetric data on labor laws and disaggregated data on IMF conditionality – our analysis of up to 70 developing countries from 1980 to 2014 demonstrates that IMF-mandated labor market policy measures significantly reduce both individual and collective labor rights. Once we control for the effect of labor market policy measures, however, we find that collective labor rights increase in the wake of IMF programs. We argue that this result is explained by the impact of union pressure on governments which, in such a context, are imbued with the policy space to respond to domestic interest groups. The study has broader theoretical implications as to when international organizations are effective in constraining governments’ choices.     

Study on the standard components of digital forensics laboratory

Recently, digital forensics has become increasingly important as it is used by investigation agencies, corporate, and private sector. To supplement the limitations of evidence capacity and be recognized in court, it is essential to establish an environment that ensures the integrity of the entire process ranging from collecting and analyzing to submitting digital evidence to court. In this study, common elements were extracted by comparing and analyzing ISO/IEC 17025, 27001 standards and Interpol and Council of Europe (CoE) guidelines to derive the necessary components for building a digital forensic laboratory. Subsequently, based on 21 digital forensic experts in the field, Delphi survey and verifications were conducted in three rounds. As a result, 40 components from seven areas were derived. The research results are based on the establishment, operation, management, and authentication of a digital forensics laboratory suitable for the domestic environment, with added credibility through collection of the opinions of 21 experts in the field of digital forensics in Korea. This study can be referred to in establishing digital forensic laboratories in national, public, and private digital forensic organizations as well as for employing as competency measurement criteria in courts to evaluate the reliability of the analysis results.     

How do body-worn cameras affect the amount and makeup of police-initiated activities? A randomized controlled trial in Milwaukee,Wisconsin

Journal of Experimental Criminology - Examine how the amount and makeup of police-initiated activities changed after the introduction of body-worn cameras (BWCs). From May 21 to November 22, 2016,...     

Development Finance: Debates,Dogmas and New Directions

Intense controversy surrounds the interpretation of national survey and census data on employment trends in rural Java. The analysis of exclusionary labour arrangements developed in this paper helps resolve this controversy. It also sheds light on the mechanisms that underlie different labour arrangements, and the ways in which these mechanisms are connected with wider political and economic forces.     

Chinese state capitalism and neomercantilism in the contemporary food regime: contradictions,continuity and change

ABSTRACT

A significant proportion of critical agri-food literature has, to date, focused on the uneven relations of power between the Global North and the Global South, and the neoliberal characteristics of the corporate food regime. This literature has often overlooked the nuances in varieties of capitalism, particularly in East Asia. China is re-emerging as a powerful state actor in an increasingly multipolar global food system. It is also an important hub of capital, facilitating agribusiness mergers and acquisitions, as well as new East–South and South–South flows of agri-food trade, technology and capital. This paper aims to contribute to understanding state-led capitalism in China and neomercantilist strategies in the agri-food sector. The paper provides a critical analysis of a case study of China's state owned agri-food and chemical companies ‘going global’. It contends that the current food regime is in a period of transition or interregnum – a period of fluidity separating the continuity of successive regimes. Arguably, the analytical contours of a contemporary food regime in transition cannot be adequately comprehended without recognising the incipient importance of state-led capitalism and neomercantilism, and how contemporary socio-political and economic dynamics are reshaping relations of power in the global political economy of food.