Monday, August 4, 2008

5. Vocabulary issues
a. Low frequency fluency/High frequency struggles
Latin language speakers may impress and perplex their instructors with their ability to toss around low frequency words such as, cathartic, and their near inability to put together a simple expression, such as, "An Illinois court will likely find..."

Low frequency English vocabulary is often the same or very similar to its Latin language equivalent.
Common language is often expressed differently. Students accustomed to general success in translating lower frequency vocabulary need to develop a consciousness for how ideas are expressed in English.

The mastery of common expressions demands that students review many texts, and, if need be, scripts, and note the expressions used. Additionally, purchasing a box DVD set for a television series can be a great way to study how language is used. One can watch the same scenes over and over again and note the expressions used by the characters. Moreover, watching these series may add to your pop culture knowledge. Some shows are available on network websites. For example, "The Office" has enjoyed great popularity and is available at NBC's website.

b. Legal Vocabulary
Students may want to know how they can quickly build their legal vocabulary. Vocabulary is best learned in context. Students should spend a lot of time reading and listening. There is no easy way to acquire vocabulary. Many students memorize word lists for the TOEFL and GRE. This takes less time, but is much less effective than learning vocabulary through context.

You are fortunate at the Summer Legal Institute to have two instructors with law degrees. It is rare to find someone with a Juris doctor (J.D.) teaching ESL. The J.D./MATESOL combination is about as common as yeti sightings in the Himalayas. Most ESL teachers working with the professions are challenged by a lack of experience with the vocabulary used in those professions. Most J.D.s have never studied second language acquisition, educational psychology, neurolinguistics, or curriculum planning. Thus, you generally end up with instructors who know a lot about teaching language but little about the law or little about teaching but much about law.

However, no matter who may be your legal English instructor, they and you may well acknowledge that the law is often learned through blood, sweat, and tears (at least in this country). For ESL students, the acquisition of any specialized vocabulary is no different. You learn it best the way that we had to learn it: read a lot; listen a lot; make some mistakes; read a lot more.

c. Overuse of stock phrases e.g. frankly, and so on, etc.
ESL texts and some teachers, whether native or non-native speakers often teach students a common set of words and phrases for use in writing.
Students tend to overuse or inappropriately use these stock words and phrases. Examples of these stock words and phrases include: frankly, and so on, etc., starting sentences with "And."

6. Organization
Not all cultures share conventions of organization for formal writing and speech. Review academic outlining. A basic, five paragraph essay model is shown here. Purdue's online writing lab (OWL) shows examples of outlines and offers a number of resources for ESL students, college students, and professionals.

Aside from help with formal speech organization, Purdue's ESL section offers help with common grammar concerns for ESL writers.

Your language and culture may not follow the same organizational system as does English.
Latin language speakers are known to organize their writing and speech in a zigzag pattern, shifting from one important idea to another and back again. Asians have circular organization that starts broad and obtuse and works its way slowly to the main idea. Germanic and Eastern European language speakers tend to have similar organizational patterns and traditions as English academic writing.

English readers need the main ideas out front, repeated, and at the end. In grad school assignments, and in legal cases, you can save time by reading only the beginning and the end. They will state the main ideas. In English discourse, details are in the middle, but always attached to sub-organizer main ideas. For basic writing or speech tasks, we refer to this system of organization as the sandwich method. The bread, the introduction and the conclusion, contains the main ideas. The supporting ideas and examples are in the middle.

7. Spelling
Many Latin language speakers rely on their existing native language vocabulary and do not bother to write the English language version. ESL students generally have a relaxed attitude about spelling. Spelling errors impact a reader's ability to understand the communication; distract the reader; and make the writer look unprofessional.

8. Sentence Fragments and Run ons
a. Sentence Fragments
Sentence fragments are incomplete thoughts, often missing either a subject or a verb. They can also be introductory or concluding clauses that contain both a subject and a verb, but do not express a completed thought.
Examples of sentence fragments:
1. A constitutional system with a bicameral government.
2. While in Spain the commercial code has been slow to evolve in pace with the growth of internet business.


b.Run on sentences
Run on sentences are sentences with multiple subjects and verbs that are so lengthy that the reader loses the thread and also loses her focus. As a general rule, if your sentence extends beyond three lines ( as this is the law, usually it would be a two line rule) it is too long. It is likely that the same ideas could be expressed in several shorter sentences.

Example of a run on sentence:
With the evolution of employer agent vicarious liability in Canada, there has been a corresponding adjustment in the insurance market, where insurers have responded to broader court interpretations of respondeat superior by imposing narrower restrictions upon insured parties seeking coverage for just these tort actions, leaving the Canadian people between the proverbial "rock and a hard place," they want employers to be held liable for negligence in hiring and supervision, but they also want jobs to remain available in spite of rising insurance costs for employers.

9. Not enough or way too much support for an idea
In both speech and writing, most ESL speakers and writers commonly fail to provide enough support for their main ideas, or, provide excessive support.

In writing, this is often easier to spot, as one can usually see on paper that there is an imbalance of space devoted to sub-areas. In formal speech tasks, this imbalance becomes apparent not only by reviewing the written copy and outlines, but by timing practice runs. For example, a ten minute speech may devote six minutes to part I, but only two minutes are allotted for parts II and III.

Week #2 Feedback: We want linguistic feedback

Thank you for your hard work on blogs. Some of your blogs were impressive. For those of you who want more linguistic feedback, I have summarized below mistakes that second language learners tend to make in English. Your class has not distinguished itself by not following this trend.

1. Subject Verb Agreement
Third person singular present tense--add -s. A nearly universal issue for ESL students.
Ex: She have either a claim in contracts or torts.
Ex: CEO or CFO have
Ex: ...when that prohibition apply to persons...
Ex: She send her boyfriend...

2. Tense Shifting
Particular to writing: ESL students may start in one tense and inappropriately shift to another within a sentence, a paragraph or a piece of writing.

3. Contractions
Contractions are informal, used to symbolize reductions in spoken language. They do not belong in academic writing. ESL students often use contractions as a way to demonstrate fluency.

4. CAPITALIZATION
ESL students sometimes inappropriately capitalize words. Rules for capitalization can be found here.

a. ALL CAPS
Specific to Latinos/Brazilians and Asians--These students often and without a clear explanation, use all caps with place names, proper names, and sometimes, for events, e.g. OLYMPICS, WORLD CUP.
As noted in last week's final class, using all caps to emphasize something is generally inappropriate in English. You will see this technique used in lengthy form contracts, e.g. adhesion contracts, but, otherwise you will not encounter it in formal written English.

b. Capitalizing the first letter of legal terms is often not necessary.
Please refer to the rules for capitalization at the link above.
Examples: He breached a Fiduciary duty. (There is no need to capitalize fiduciary.)






Thursday, July 31, 2008

California judge rules early cell phone termination fees illegal

In one of the most significant legal rulings in the tech industry this year, a Superior Court judge in California has ruled that the practice of charging consumers a fee for ending their cell phone contract early is illegal and violates state law.

The preliminary, tentative judgment orders Sprint Nextel to pay customers $18.2 million in reimbursements and, more importantly, orders Sprint to stop trying to collect another $54.7 million from California customers (some 2 million customers total) who have canceled their contracts but refused or failed to pay the termination fee.

Read more, here.


Wednesday, July 30, 2008

Free Thursday and Friday evenings at the Art Institute


Last Month of Free Summer Evenings

Get the most out of the last days of summer with Target Free Summer Evenings, ending August 29. On Thursdays and Fridays from 5:00 to 9:00, kick back on our outdoor patio during the Summer Music Series presented with the Old Town School of Folk Music, enjoy a lecture or gallery talk, or join in on family fun—all free of charge. Our summerlong season Passport to Africa also offers exhilarating concerts and gallery talks for your Saturday afternoons. This month enjoy Yves François and Rocambu Jazz, the Occidental Brothers Dance Band International, and the special Kaleidoscope Family Day. No need to travel halfway around the world—the riches of African art are right here at the Art Institute.

Partnerships Question

A question similar to the one below appeared on my exam. How would you answer it?

Abby, Billy, and Carrie had a partnership. All three did a poor job of managing their own personal finances. Abby owed Red $25,000 for personal debts. Billy owed Green $50,000 for personal debts. Carrie owed White $75,000 for personal debts. All three have defaulted on the loans made to them by Red, Green, and White.

Red has obtained a judgment against Abby and is considering attaching an interest to Abby's partnership share.

Green has not brought any action against Billy.

White has accepted Carrie's share in the partnership in exchange for her debt.

a. Can Red attach a judgment to Abby's share in the partnership?

b. How can Green recover against Billy?

c. White wants to force the dissolution of the partnership. Can he do it?

Friday, July 25, 2008

Volunteer Opportunities

For those of you who may be interested in doing volunteer work while here in Chicago,there are many contexts that would welcome your help.

Please note that many agencies now require an orientation program that requires several weeks to complete, i.e. two to four training sessions over a month-long period. Also, many agencies now also require a minimum time commitment of a year. For those reasons, you may have to hunt around a bit for a context that will welcome you on a short term basis.

Also, please note that agencies have great need for administrative support, e.g. data entry, photocopying, stuffing envelopes, answering phones, and other unglamorous tasks. Consider negotiating a role with the organization that includes both interaction with people (direct client service) and administrative tasks.

Additionally, if you are specifically looking to work with people, past ESL students of mine have really enjoyed working with the elderly. Americans do not often do as well as they might with respect to maintaining relationships with their elder relatives. As a result, there are many elderly Americans in nursing homes, group homes, and elder care facilities who are lonely and greatly appreciative of visitors.

On the other hand, if you would like to work with animals, PAWS Chicago
is a no-kill shelter group that has locations throughout Chicago. Past student volunteers have worked as dog walkers and helped out as needed at a shelter location.

Below, I have posted a link and blurb Little Brothers Friends of the Elderly in Chicago, which serves Chicago's elderly community, and which I found on the Internet.I also posted a link and blurb on Centro Romero, an agency that serves a primarily Central American refugee immigrant population. In 2005, I volunteered for several months with Centro Romero and was touched by the clients' stories. I also spent a lot of time working on clients' files and making copies of their files. The copy machine there was much worse than ours at school.

Little Brothers Friends of the Elderly

Since 1959 Little Brothers – Friends of the Elderly (LBFE) Chicago Chapter has brought companionship and social interaction to isolated and lonely elders. This last year we served 1,000 elders, with the indispensable help of 1,625 volunteers giving more than 52,300 hours of their time.

We have a broad range of opportunities for volunteers, donors and elders to share, learn, grow…and to celebrate life.

Centro Romero
Centro Romero is a community-based organization that serves the refugee immigrant population on the northeast side of Chicago. Our interrelated programs include adult education, women's empowerment projects, legal assistance, and youth learning and leadership development as well as special projects such as Community organizing and HIV/AIDS Outreach and Education. These are essential services that support healthy personal and social development of participants. Our long-term organizational goal is to bridge a disenfranchised community of Latino immigrants and refugees into mainstream American society as well as improving their opportunity for upward social mobility. Long-term sustainable growth of our target population will only be achieved through education, leadership development, and advocacy; therefore we focus our energy in related initiatives.

If you want to help to strengthen the efforts to improve the conditions of our Latino population, you may do so by volunteering or by supporting our cause. For other types of donations please contact the Associate Director Abel Nuñez by email or by phone at (773) 508-5300.

Kayak Chicago

Rather than studying or creating blogs on agency principles, I would prefer to be kayaking on the Chicago River or Lake Michigan. From your kayak, you can enjoy amazing views of the city on the river or the lake. Also, if you miss seeing birds and animals (besides rats and pigeons), kayaking on the river affords encounters with heron, egrets, ducks, geese, painted and snapping turtles, raccoons, and fish.

If you would like to go kayaking, either renting a boat or going on a tour (they offer evening fireworks paddles and daytime architectural tours), consider Kayak Chicago. I have had a season pass with them for two years. They have locations on the river at Magnolia, just off of North Avenue, on Lake Michigan at Montrose Beach (near the volleyball courts), and at Leone Beach on the lake north of Loyola University and just south of Evanston.

For those of you who are interested in non-traditional English language immersion activities, they also offer introductory and intermediate skills courses on weekends.

First Friday at the MCA

Check out the First Friday of August cocktail reception at the MCA (Museum of Contemporary Art).

MCA First Fridays
220 E. Chicago
Chicago, IL 60611
Friday, Aug. 1, 6-10 P.M.
Tickets available online for $10 (advance)
Tickets at the door for $17
ticket includes admission, live entertainment, hors d'ouevres
Cash Bar

"Happy hour takes on a new meaning with First Fridays at the MCA. Relax after a long workweek with a cash bar featuring specialty drinks and free Wolfgang Puck appetizers. Enjoy live music from local DJs, the world’s only iMac G5 digital dating bar, and creation stations right within our open galleries. Each month features an up-and-coming Chicago artist in a preview of the latest UBS 12 x 12: New Artists/New Work exhibition. Keep the festivities going at our after-parties at Chicago’s newest and hottest spots." (their website)

Some Contracts Review

Please refer to the contracts review blog that I set up in order to attempt to address issues that have arisen in class, among them: promise v. offer, where you need consideration in United States common contracts law; gift v. contract i.e. gratuitous promises; unilateral and bilateral contracts.

Thursday, July 24, 2008

Week #1 Feedback E: Positive Points

It has been an honor and a joy to work with you. Your intelligence and aptitude humble me. Thank you for choosing to make my class a part of your time here. Please be patient with me and empathize with my efforts to help you to improve your communication in legal English contexts. I always have a method to my madness. Not every activity or reading may appeal to you, but please be mindful that ours is a mixed class of learners with differing experiences, goals, and needs. I cannot always teach to the most fluent students nor to the least fluent. I try to balance the more and less demanding tasks. If you are missing anything in my messages, I hope that it is only the jokes.

1. Fluency
Some of you are quite fluent. It is impressive and intimidating for some other students, and for me. For my part, because students with greater fluency need help with more difficult language and communication skills, it can be a much more demanding classroom. Coaxing a sprinter to a .05 second improvement can take a lot of work with little perceived benefit vs. helping a distance runner shave minutes or ten seconds off of her time.

For those of you who are in the admirable but at times frustrating position of being quite fluent, please work on the requests listed in previous posts regarding higher language use and non-verbal language. Most language learners do not push themselves beyond the level that you have achieved because of the perceived small rewards for great efforts. Additionally, outside of a native speaker environment, there is always a lot of work involved with just maintaining one's skills.

On the other hand, for those of you who are quite fluent and will continue working on your skills, there is always more to learn. You can acquire more vocabulary, different ways of expressing the same ideas, scripts for different communication contexts, cultural knowledge, and nonverbal communication.

2. Politeness
Some of you already have a good command of politeness strategies used in English.

3. Effort
Many of you have impressed me with your demonstrated efforts to practice your English and learn about American legal culture. Thank you for your hard work and your sincere interest.