Week #1 Feedback: D. Body Language

You could take a series of courses on body language in communication. I will refer to it here and at greater length in week 3. This post will review some points related to your interactions with native English speakers.

1. Relax
Anxiety that you may have about language use may transfer to your posture, facial expressions, tone of voice, gesticulation (or lack thereof), and engagement in eye contact. Many of you appear fluent enough that any nervousness on your part will not be perceived as anxiety about speaking English, but rather as your being rude.

A relaxed posture; maintenance of good eye contact; a careful tone ( i.e. adjust your tone to the context but avoid sounding haughty, meek, aggressive); and identifiable efforts to be polite will get you further in communication than will perfect grammar or the best choice of words. On the latter point, if you do not already have one or use one--get an English/English dictionary and bookmark several on your web browser.Familiarity with how English defines its own vocabulary and applied practice in using English to define the word you seek will likely take away some anxiety over correct or precise language choice.

2. Watch your breathing
Some of you huff and puff a bit under your breath to express frustration, displeasure, and disagreement. Offending your communication partner may be your first concern. Your second may be that the average North American may not pick up on your huffing, i.e. he will not understand that your exhalations communicate your displeasure.

3. Smile more
Generally, Americans love a smiler. Depending on your culture, an American will expect you to smile a lot more than would one of your countrymen or someone from your region of the world. If you do not smile much, this may be chalked up to your being a dark souled lawyer, rightly serious in his work. However, it may also lead to the perception that you are an unhappy person, snooty, aloof. If these are messages you want to reinforce, carry on. Otherwise, try to work more smiles into your repitoire.

4. Use open body language
Use an open posture, wide gestures, hold those gestures, and occupy space. No matter how nervous, unsure, or unprepared you may be, pretend that you are confident and act accordingly. Few can tell the difference between someone who is confident and someone who just acts that way. Often they appreciate the effect of a confident delivery no matter the speaker's internal conflicts.

5. Yield the floor
Pay attention to your conversational partner's body language and yield the floor.Some of you will hold the floor until someone interrupts you. Be aware that in formal North American speech contexts, holding the floor is a sign of dominance but also can very easily be perceived as being aggressive and rude. Some contexts and speech acts call for you to hold the floor. A formal presentation is one example. However, in a business meeting context, or in a group discussion, aim to listen more than you speak.

Be aware of turn taking mandates. A group discussion is generally not supposed to be a situation in which the most dominant or fluent speaker lectures the group. Aim to facilitate everyone's participation in the discussion. Realize that your listening skills and your ability to ask the right questions as well as give positive reinforcement to your speaking partners is as valuable as any practice in expressing your thoughts.

Allow for cultural differences. Realize that many North Americans consider it rude to talk over each other. They will not necessarily ever finish each other's sentences. They have trouble focusing on their own expression and yours simultaneously. On the other hand, some Americans will jump in with you and talk over you. However, generally this type of interaction is reserved for informal contexts, e.g. arguments over why Italy is still the world's best soccer team, no matter the recent Euro Cup.

6. Stop using the male gaze
The male gaze refers to a common phenomenon across many world cultures of men staring at women as objects rather than as people. While the "appreciation" of a woman's beauty is a part of the rationalization behind this behavior, in a North American business context, it may earn you a reputation as being unprofessional, rude, creepy, or someone likely to commit sexual harassment.

7. Arrive to class on time, return from breaks on time, do your homework, turn off your cell phones, do not take calls during class, do not text during class.
a. Time
Many North Americans are more concerned with punctuality and accountability for tasks small and large than are members of other cultures. For an American arriving late can be perceived as rude (the unreliable CTA system of Chicago nonwithstanding). In a classroom context, arriving late sends the message to your instructor that you do not value the classroom experience enough to show up on time and likewise lack respect for the instructor. If that has been a goal for some of you, it has been understood.
However, realize that your instructors and your business partners likely are well invested personally in whatever obligation or meeting you have together. For them, your timely arrival assures them that you are on the same page.

b. Do your work
If you do not do your homework, you are not prepared for class activities. This makes you a less effective partner or group member. It may also alienate you from the classroom experience. Strike a balance between your leisure time here and the commitment that you made to this course. To the best of my knowledge, none of you need this class in order to be here legally, i.e. you all would be allowed to spend a month or slightly more as tourists in America. I dare say it is a bit endearing and nerdy that you have chosen, for whatever reason, to spend vacation time studying English in a formal classroom context. Own that commitment and experience and give me your best efforts at your work and your language acquisition practice.

c. No cell phone use during class
There is no reason for your cell phone to be on during class. Likewise, you should take and make all calls and texts before and after class or during breaks. In the event of an emergency, most of you are currently far away from home, and would not be much help to anyone. Ringing cell phones, texting, taking calls during class all communicate that the classroom experience is not important to you.Moreover, they communicate that you do not respect the maintenance of a distraction free learning environment for your peers.

Feedback Week #1: C. Examples of Higher Level English

At left, the Wyoming Supreme CourtA. Seventh Circuit Court of Appeals Oral Argument Recordings
The Seventh Circuit Court of Appeals has recordings of oral arguments on its website.. They can be found by following the link "Oral Arguments." Search for cases in the last week or month. Cases are not always up on the site on the same day that they are argued.

In appellate advocacy, attorneys are required to be very deferential to the panel of judges hearing the case. The address system used by the attorneys employs opening phrases such as "If it pleases the court.." and always using honorifics and titles, such as, "Your Honor."

The judges do not show great deference to the attorneys, but generally use more elevated language, even when they do express contempt for the attorneys. On the Seventh Circuit, Judge Easterbrook is known for his eloquent verbal thrashings of well respected attorneys.

B. Supreme Court of the United States Transcripts of Oral Arguments
Moreover, you can find examples of elevated speech use and legal argument in transcripts of arguments before the Supreme Court of the United States. Follow the link labeled "Oral Arguments" to the link "Argument Transcripts."

C. Supreme Court of the United States Appellate Briefs
The Supreme Court's website also has links to appellate briefs available online. Review these briefs for examples of well written legal arguments.

Feeedback Week #1: B. Levels of language

1. Be conscious of levels of language and practice saying the same thing in different ways.

Example:

X: Did you like Mr. Suzuki?

or

X: Did you like Tom?

Y: I suffered his presence.
Like is such a strong word.
I don't like Mr. Suzuki.
I don't like Tom.
Mr. Suzuki is a (insert profanity).
Tom is a (insert profanity).

N.B. I advise you to start out super polite and be conservative in your language use.Use titles in address and references (Hello, Ms. Garcia; Then, Mr. Bucci said). Use of a lot of language, elaboration and ornamentation is generally seen as softening, and more polite (We are taking your comments under advisement and referring your suggestions to our superiors. Your patience during this time is appreciated and we recognize the importance of your time. or We regret to inform you that at this time we have no openings for positions as lateral attorneys. Thank you for your interest. We will keep your resume on file. or While we were impressed by your work on the Weiss Saatchi project, we have sought other counsel for work on future similar projects. vs. We are not interested. or No deal. or Better luck next time.

2. Women's language
English has female language. Female language is more deferential, less self assured, uses more language, and is generally more polite. Lack of self confidence is a hallmark of North American heterosexual femininity. This has been changing, however, there is still a strong bias against women using direct language. Because of their own native language traditions, women may not need to be conscious of the use of much more polite language in interactions in English, because they often already use much more polite language than do men. Further, women are more likely to preface an assertion with an apology in order to soften the strength of the statement or to show deference.

As Lorenzo referenced in our class this Wednesday, women in business contexts may feel conflicted between a perceived or real need to be assertive and act confident and the attending perception that in so doing, they will not be perceived as being feminine. On the other hand, use of feminine language is expected, and women can advantage themselves of this in ways generally unavailable to men. Use of apologies as softeners in advance of a negative message is a strategy for communicating something unpleasant is generally not done by men. So men generally must choose between a likely negative response to a perceived aggressive or strong message or not to speak.

A woman may say " I am sorry if my approach was not the best, however you may find...
"Please excuse the perhaps awkward attempt at an analogy, but...."
Of course, men may use similar constructions, but may face greater criticism for not sounding confident.

3. Initiating use of less formal language
English does not have tutoyer/vous voyer but, we do have rituals for telling each other the same message. Social position will most often dictate who "speaks up" with polite language and who "speaks down." Generally, use titles and more formal discourse until someone tells you that " You can call me, Bill" or starts using less formal language. This is a bit tricky because sometimes the social distance is so great that even when your speaking partner uses casual language, it is not necessarily appropriate for you to do so.

On a similar note, native speaker subordinates should use more polite English with you. Insistence that they use more casual language may be resisted because of a perceived or real gap in status or as an expression of a desire not to be friendly with you or to communicate displeasure with you. As in other languages, super polite language can be used to communicate the messages "We are not friends" or "You are not welcome" or "I know you are not one of us."

Feedback for Week #1: A. Numbers

Thank you for being a part of my class. I appreciate all of your participation, patience, and enthusiasm. Below, I have listed some feedback for the whole class.

If something does not pertain to you personally, do not take it to heart. However, I have tried to address areas that have arisen on numerous occasions and with different individuals.

A. Practice using numbers and the non metric system of measurement.

1. Numbers
For numbers, practice price quotes and terms in the hundreds, thousands, tens of thousands, hundreds of thousand. Millions, billions, and trillions are usually written as such: 10 million, 500 billion.

Ex: $233,000; population of 1, 650,000 people; She ordered $1200 widgets and paid for an option to buy an additional 1400.

2. Learn how to use non-metric measures of distance, temperature, and weight.

Depending on the context, use of metric sounds more natural. Judge this by the nationality of your conversational partner, the majority nationality of those in a group, and the status of the person who is unfamiliar with metric. Also, do not assume that because someone's culture does not use the metric system, that person is personally unfamiliar with it. Some North Americans have not been able to complain about the record month of 45 degree weather since they moved back home.

However, you can generally assume that most North Americans are unfamiliar with the metric system. For communication with them, whenever you reference the metric system it is a hole in the communication.

You say "We hiked 20 kilometers. It was only 18 degrees and we had about 5 kilos of gear each.

The American hears: We hiked xxxxxx (sounds long, but aren't kilos smaller than miles)It was xxxx(cold?) and we had xxxxx (not much weight?).

As an aside, 5 and 10 kilometer races, 5ks and 10ks, are quite popular in some circles. In high school and college athletics, some compete in the 3,000; 5,000; and 10,000. These people have a grasp of what kilometers mean. However, they generally only use kilometers with reference to those particular race distances.

Also, North Americans generally have no idea what a stone is, and referencing your weight in stone will confuse them, not impress them.

3. Familiarize yourself with American clothing and shoe sizes.

White Privilege

Whether you agree or disagree with the critical race theory text that we reviewed in Wednesday's class, look over the list a scholar made of examples of white privilege. Find #1-14 listed below.

1. I can if I wish arrange to be in the company of people of my race most of the time.

2. I can avoid spending time with people whom I was trained to mistrust and who have learned to mistrust my kind or me.

3. If I should need to move, I can be pretty sure of renting or purchasing housing in an area which I can afford and in which I would want to live.

4. I can be pretty sure that my neighbors in such a location will be neutral or pleasant to me.

5. I can go shopping alone most of the time, pretty well assured that I will not be followed or harassed.

6. I can turn on the television or open to the front page of the paper and see people of my race widely represented.

7. When I am told about our national heritage or about "civilization," I am shown that people of my color made it what it is.

8. I can be sure that my children will be given curricular materials that testify to the existence of their race.

9. If I want to, I can be pretty sure of finding a publisher for this piece on white privilege.

10. I can be pretty sure of having my voice heard in a group in which I am the only member of my race.

11. I can be casual about whether or not to listen to another person's voice in a group in which s/he is the only member of his/her race.

12. I can go into a music shop and count on finding the music of my race represented, into a supermarket and find the staple foods which fit with my cultural traditions, into a hairdresser's shop and find someone who can cut my hair.

13. Whether I use checks, credit cards or cash, I can count on my skin color not to work against the appearance of financial reliability.

14. I can arrange to protect my children most of the time from people who might not like them.

Agency Law Blog Example

Here is a link to a sample blog for agency. Please start with the first post chronologically, "Agency". You will have to click on "Older Posts" in the bottom right hand corner in order to access it.

Your Corporations Law Blog

You will work with your partner on a blog devoted to your area of corporations law.

You are expected to read and review the entire corporations law packet. However, on your blog and for your class blog presentation, you will only be responsible for mastery of your area of the law.

Next Thursday, July 31, come to class prepared to present your blog. Be an enthusiastic, attentive, and supportive audience member for your classmates.

1. You are required to create a functioning blog, i.e. we must be able to access and view it together on Monday, July 28 and Thursday, July 31.
a. Your blog should be started and your blog plan and lesson plan substantially complete on Monday, July 28.
b. Your blog and lesson plan are due in class on Thursday, July 31.
c. You and your partner will be expected to devote equal time to presenting your blog and guiding the class through its links and activities.

2. Your Blog--Law and Links
a. You are responsible for conveying, without copying verbatim, the most important points of your section of corporations law.
b. You should have a minimum of ten links to related web sites that contain content related to your area, examples of anaylsis of cases or problems in your area, or discussion of current legal issues in your area. You should use a variety of sources in your links. If you use multiple links to the same or similar sources, i.e. several wiki links, you will be expected to find an equal number of non-like sources, i.e. if 3 of your links are wikis, you should have 13 total links, minimum.
c. Format notes: Please create multiple blog posts. Your review of your area of the law should not be one or several extremely long posts. If you need to go beyond three paragraphs in a single post, condense the material or divide it over several posts.

3. Your Blog--Class Activities
a. Your blog should include two activities related to use and analysis of legal problems involving your area of corporate law.

If, for example, your blog is devoted to Corporate Leadership, you may create at least two sample scenarios for analysis that include corporate leaders misbehaving (self-dealing, committing fraud, profiting at the expense of the corporation).
Ask the class to analyze the scenario, using the law that you have covered in your blog. Please make sure that you have analyzed it yourself in advance of the July 31 class.

b. If you would like to use a different activity model for class practice of your area of law, please be ready to review your idea with an example, in class on Monday, July 28. Also be willing to compromise with me by doing one traditional analysis scenario as well as your suggested activity.

Law Blogs--Bar Prep and Humor

Here are some blogs kept by students during law school, during bar prep, and while in practice.

Buffalo Wings and Vodka
The Yellow Peril
Stay of Execution
The Namby Pamby
Anonymous Lawyer

Law Blogs--General examples

Below find a list of general law blogs. Please visit and review each blog. You are encouraged to consult the blog rolls on these sites and view even more legal blogs. These blogs can give you good examples of how legal vocabulary is used in context. Additionally, you may see how the law and legal issues are discussed.

Law Blog
Brian Leiter's blog, Leiter is a University of Texas professor of law
University of Chicago Law School Faculty Blog
Blawg-a site that has indexed legal blogs
China blog--Blog about law in China
Law Librarians' Blog
Election Law
Sports Law Blog

Social Networking Sites

Legal English demands not just a command of more formal discourse and specialized vocabulary but also an ability to use the language for less formal contexts. It is my hope that all of you have some fluency in the metalanguage English used as a bridge among non native speakers in social and educational contexts. A command of less formal English may facilitate vocabulary acquisition and cultural lessons. For this reason, during our first week of class, we will review two commonly used social networking sites: facebook and myspace.

If you already use one or both of these sites, I may ask you to assist in introducing them to the class. If you have an account with one or both sites in your own language, I will ask you to create an English language account. For our class, create both a facebook and a myspace account.
Please be mindful of privacy issues. Many more profiles on facebook are private, i.e. may only be viewed by someone's friends, than are those on myspace. Facebook seems to be a site where may people use their actual first and last name and post a lot of personal information, photos, and videos. Myspace seems to have more users who rely on nicknames or aliases. Myspace users also post personal information, pictures, and videos.

For Facebook: 1. Post basic personal information 2. Join the chicago network 3. Add four applications 4. Take two quizzes 5. Write 3 blog posts (they may be brief) 6. Friend all of your classmates 7. Friend four more people (facebook should recommend some) 8. Write on your classmates' walls ( you should write three wall posts minimum).

For Myspace: 1. Post basic personal information 2. Format (templates, fonts, images) 3. Add 3 applications 4. Post three blog posts 5. Friend 4 musical groups or musicians 6. Friend all of your classmates 7. Friend 4 people 8.Write on your classmates' walls (you should write a minimum of 3 wall posts).