Narrative Preferences and Administrative Due Process

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

See all articles by Jason A. Cade

Jason A. Cade

University of Georgia School of Law

Date Written: July 1, 2011


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:

Jason A. Cade (Contact Author)

University of Georgia School of Law ( email )

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


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