Narrative Preferences and Administrative Due Process

39 Pages Posted: 26 Jul 2011 Last revised: 1 Oct 2015

Jason A. Cade

University of Georgia Law School

Date Written: July 1, 2011

Abstract

This Article illustrates, through sociolinguistic analysis, how an adjudicator’s biases against certain narrative styles can influence his or her assessments of credibility, treatment of parties, and decision-making in the administrative law setting. Poverty lawyers have long observed that many claimants in the administrative state continue to face procedural and discursive obstacles. Applying insights from a growing field of inter-disciplinary research, including conversation analysis, linguistics, and cognitive studies, this Article builds upon those observations by more precisely exploring through a case study of an unemployment insurance benefits hearing how structural and narrative biases can work to deny an applicant due process and exacerbate unequal power dynamics.

Keywords: narrative, due process, administrative, poverty, cognitive studies, inter-disciplinary, unemployment benefits, Harvard Latino Law Review, interdisciplinary, conversation analysis, linguistics, ALJ, New York University, clinical, lucie white, sunday shoes

JEL Classification: J65

Suggested Citation

Cade, Jason A., Narrative Preferences and Administrative Due Process (July 1, 2011). Harvard Latino Law Review, Vol. 14, p. 156, 2011; NYU School of Law, Public Law Research Paper No. 11-53. Available at SSRN: https://ssrn.com/abstract=1892313

Jason A. Cade (Contact Author)

University of Georgia Law School ( email )

225 Herty Drive
Athens, GA 30602
United States
(706) 542-5188 (Phone)

HOME PAGE: http://www.law.uga.edu/profile/jason-cade

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