A Forensic Linguistic Approach to Legal Disclosures: ERISA by James Stratman PDF

By James Stratman

ISBN-10: 1138920053

ISBN-13: 9781138920057

This ebook is a scholarly paintings of forensic linguistics that demonstrates how the foundations of Gricean pragmatics and their contemporary elaboration in info Manipulation concept (IMT) could be of use to courts confronted with finding out instances of allegedly fraudulent disclosure files. the standard objective of criminal ideas for disclosure files isn't in simple terms to avoid mendacity yet different kinds of deception to boot. specifically, the aim of those principles is to strength the communicator to bare info which can reason fabric damage to sure receivers, harms that the communicator, for varied purposes of self-interest, may perhaps like to hold mystery or hidden. simply because IMT and the Gricean framework have seldom been utilized in released stories to enquire legally mandated disclosure records aimed toward laypersons, this booklet seeks to complement present explications of the rhetorical "workings" of misleading disclosures in the broader Gricean culture of pragmatics. The booklet questions the elemental relationships between Grice’s maxims in addition to the a lot circulated concept that violation of a few maxims is extra misleading and extra immoral than violations of others. moreover, the e-book additionally makes an attempt to teach how a number of different theories and learn in discourse linguistics and analyzing comprehension can be utilized to aid IMT analyses in addressing the discourse processing matters exact to legally required disclosure texts. during this means the ebook contributes to the bigger twin undertaking of the sector of forensic linguistics, that's either to appreciate and to enhance courts’ impression on social justice.

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Additional resources for A Forensic Linguistic Approach to Legal Disclosures: ERISA Cash Balance Conversion Cases and the Contextual Dynamics of Deception

Sample text

1574 (2012). Tomlinson v. 3d 1281 (10th Cir. 2011). Tomlinson v. El Paso Corporation and El Paso Pension Plan, 45 Employee Benefits Cas. (BNA) 2534 (D. Colo. 2009). Introductionâ•… 29 Tomlinson v. El Paso Corporation and El Paso Pension Plan, 43 Employee Benefits Cas. (BNA) 1932 (D. Colo. 2008). S. General Accounting Office. (2005). S. General Accounting Office, Health, Education and Human Services Division, 06–42). Washington, DC: Author. S. General Accounting Office. (2000a). S. General Accounting Office, Health, Education and Human Services Division, 00–207).

S. General Accounting Office. (2000a). S. General Accounting Office, Health, Education and Human Services Division, 00–207). Washington, DC: Author. S. General Accounting Office. (2000b). S. General Accounting Office, Health, Education and Human Services Division, 00–185). Washington, DC: Author. ,€& Kubo, S. (2001). Essays in speech act theory. Amsterdam: John Benjamins. Valenza, M. (2011). CIGNA v. Amara: Supreme Court resolves several ERISA claims issues while leaving others for the lower courts.

An explanation of these mechanics is necessary to understand the arguments concerning disclosure presented by plaintiffs and defendants in these cases. Additionally, this chapter puts these mechanics into legal perspective by discussing key interpretive uncertainties that courts face in ERISA’s statutory and regulatory framework when they adjudicate allegations of deceptive disclosures in cash balance conversions. R. C. § 1054(h)(1)). The latter are written notices that employers must provide to their employees when they formally amend their existing pension plans to reduce significantly employees’ future rate of benefit accrual.

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A Forensic Linguistic Approach to Legal Disclosures: ERISA Cash Balance Conversion Cases and the Contextual Dynamics of Deception by James Stratman


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