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