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the victim to debunk it effectively (assuming it can be debunked at all). In
false – ___________
sufficient – ___________
to skew – ___________
unfair – ___________
empirical – ___________
large-scale – ___________
heated – ___________
a long-standing – ___________
no sway – ___________
irrevocable – ___________
this respect, the election scenario is akin to the NBA draft scenario described
earlier. Both involve decisional chokepoints: narrow windows of time during
which irrevocable decisions are made, and during which the circulation of
false information therefore may have irremediable effects.
From: Citron D.K., Chesney R. Deep Fakes: A Looming Challenge for Privacy,
Democracy, and National Security. California Law Review. 2019
Available at: https://scholarship.law.bu.edu/faculty_scholarship/640
1. Write the word from the text to complete the phrases (e.g. public –
public discourse).
2. Choose the correct preposition.
a) Public discourse on/to questions of policy currently suffers from the
circulation of false information.
b) But deep fakes will exacerbate matters by/with raising the stakes for the
“fake news” phenomenon in dramatic fashion.
c) As recent actions by/at the Russian government demonstrate, state actors
sometimes have such interests.
d) But elections are vulnerable to deep fakes on/in a separate and distinctive
way as well.
e) Democratic discourse is most functional when debates build from a
foundation of shared facts and truths supported with/by empirical
evidence.
f) The large-scale erosion of/on public faith in data and statistics has led us
to a point where the simple introduction of empirical evidence can
alienate those who have come to view statistics as elitist.
3. Complete the summary of the text. Fill in each gap with one word.
The study _____ with the problem of public discourse distortion and how
it influences people’s ______and skews the outcomes of elections.
The author ______ special attention to the ways of skewing information.
It is also stressed that democratic ________ is most functional when debates
build from a foundation of shared facts and truths supported by empirical
evidence. In the absence of an agreed upon reality, efforts to _______
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national and global problems become enmeshed in needless first-order
questions like whether climate change is real.
In conclusion, the author emphasizes that the potential to falsify the
results of _________ is real, particularly if the attacker is able to time the
distribution such that there will be enough window for the fake to circulate
but not enough window for the ______ to debunk it effectively (assuming it
can be debunked at all).
4. Do the following statements agree with the information in the text?
a) Public discourse doesn’t suffer from the circulation of false information.
b) Lie sometimes undermines the credibility of participants in political
debates.
c) Elections are not vulnerable to deep fakes.
d) Deep fakes will allow individuals to live in their own subjective realities.
e) Deep fakes can enable a particularly disturbing form of sabotage:
distribution of a damaging, but false, video or audio about a political
candidate.
f) Falsified information cannot sway the outcome of an election.
5. Translate the excerpt into Russian.
The Press as Interest Group: Mainstream Media
in the United States Supreme Court
The essential role of the press in American politics has been the subject
of extensive study since Alexis de Tocqueville wrote that the press “causes
political life to circulate through all the parts of that vast territory”...
Tocqueville also wrote about the “necessary connection between [political]
associations and newspapers,” but never saw the institutional press emerge
as a political association – or interest group – in its own right.
This article is the very beginning of an exploration into the proposition
that the institutional press uses the litigation process strategically, in much
the same way that another interest group might lobby the legislative branch,
to shape its own regulatory environment, particularly the First Amendment
doctrine within which newsworkers must operate.
The purpose of this preliminary work is to examine, quantitatively, the
degree of participation and success by the mainstream media in U.S.
Supreme Court litigation as parties and amici curiae. Historically, the press
had begun to organize itself for its own political ends by the early Twentieth
Century; (Michael Emery & Edward Emery,1988) by the end of that
century, the organizations that represent the news media were fully engaged
in political action. In a 1947 case, for example, the Supreme Court absolved
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a journalist of criminal contempt for criticizing a Texas county judge, partly
extensive – ___________
interest – ___________
litigation – ___________
legislative – ___________
preliminary – ___________
judicial – ___________
growing – ___________
detached – ___________
on the ground that judicial officers are insulated from public opinion. In a
rather bitter dissent, Justice Jackson referred to the growing power of the
press as an interest group. “Yet the press as player for its own account has
hardly been studied at all. One might suggest several interrelated reasons for
this relative obscurity:
1. The essence of the press’s self-image is public service. The press does
not think of itself, nor does it care to be known, as a political actor. Indeed,
such a role would strike most working journalists as a conflict of interest;
how can the press cover political institutions with detached objectivity while
it seeks favor from those same institutions?
2. Accordingly, the press does not generally interact with either the
executive or legislative branches in the same way that other interest groups
do. While media organizations are not above lobbying Congress for legislation they want – broadcast and cable deregulation, copyright protection,
favorable postal rates, open meetings and records laws, and so on –
newsworkers are not comfortable about it. “As a general rule,” wrote Newsweek’s Jonathan Alter (2005) to begin a recent column arguing for a federal
shield law, “journalists shouldn't be in the business of lobbying Congress.”
3. By contrast, the press campaigns vigorously in the courts for its most
important institutional interests. But the scholars whom one might expect to
monitor their efforts are AWOL. Media law, specialists in law and
journalism schools usually focus on substantive law (outputs), rather than
political action (inputs), and most political scientists who study the courts
have apparently been distracted by theories that ignore institutional
dynamics altogether (Cornell W. Clayton & Howard Gillman eds., 1999).
Although the legal literature fully describes the efforts of the institutional
press to secure various First Amendment privileges and other favorable legal
rulings through litigation (Margaret A. Blanchard, 1978), there appears to be
no systematic study of the press from an interest group perspective.
From: Easton E.B., The Press as an Interest Group: Mainstream Media in the
United States Supreme Court, 14 UCLA Ent. L. Rev. 247. 2007
https://scholarworks.law.ubalt.edu/cgi/viewcontent.cgi?article=1222&context=all_fac
1. Write the word from the text to complete the phrases (e.g. essential –
essential role).
43
2. Match the words close in their meaning.
1) essential
a) neglect
2) study
b) energetically
3) litigation
c) significant
4) engaged
d) concentrate
5) vigorously
e) exploration
6) focus
f) prosecution
7) ignore
g) involved
3. Choose the correct preposition.
a) In a 1947 case, for example, the Supreme Court absolved a journalist of
criminal contempt for/of criticizing a Texas county judge.
b) The essence for/of the press’s self-image is public service.
c) Accordingly, the press does not generally interact with/by either the
executive or legislative branches in the same way that other interest
groups do.
d) By contrast, the press campaigns vigorously in/to the courts for its most
important institutional interests.
e) Media law, specialists in law and journalism schools usually focus on/at
substantive law (outputs), rather than political action (inputs).
f) Most political scientists who study the courts have apparently been
distracted with/ by theories that ignore institutional dynamics altogether.
4. Match the two halves of the sentences.
1) The essential role of the press in American politics has been the subject
of extensive study
2) This article is the very beginning of an exploration into the proposition
that
3) The purpose of this preliminary work is
4) In a 1947 case, for example, the Supreme Court absolved a journalist of
criminal contempt for criticizing a Texas county judge, partly
5) The press does not think of itself,
6) By contrast, the press campaigns vigorously in the courts
a) nor does it care to be known, as a political actor.
b) since Alexis de Tocqueville wrote that the press “causes political life to
circulate through all the parts of that vast territory”.
c) for its most important institutional interests.
d) the institutional press uses the litigation process strategically.
e) on the ground that judicial officers are insulated from public opinion.
f) to examine, quantitatively, the degree of participation and success by the
mainstream media in U.S. Supreme Court litigation as parties and amici
curiae.
44
5. Translate the excerpt into Russian.
Lessons from Hurricane Katrina. Prison Emergency
Preparedness as a Constitutional Imperative
As the American citizenry continually gains awareness of the likelihood of
natural disasters, terrorist attacks, and other emergencies, as well as the serious
consequences of government inaction, a strong movement urging emergency
preparedness has grown (Federal Emergency Management Agency, 2008).
The importance of this movement is undeniable, but as is often the case, the
interests of one subset of Americans prisoners-have been largely ignored in the
conversation. Emergency preparedness is a topic of particular relevance in the
correctional context because, unlike other Americans, prisoners have been
deprived of their ability to care for themselves. When prisoners' safety is not
planned for, the results are both tragic and unconstitutional. Hurricane Katrina
provides an illustration of how inadequate emergency planning can lead to
unnecessary suffering and death. The Orleans Parish Prison (OPP),' for
example, had inadequate or nonexistent emergency plans for ensuring
prisoners' safety when Katrina struck.
Hurricane Katrina was one of the worst natural disasters ever to strike the
United States, in terms of casualties, suffering, and financial cost. Often
overlooked among Katrina’s victims are the 8, 000 inmates who were
incarcerated at OPP when Katrina struck. Despite a mandatory evacuation of
New Orleans, these men and women, some of whom had been held on charges
as insignificant as public intoxication, remained in the jail as the hurricane hit,
and endured days of rising, toxic waters, a lack of food and drinking water,
and a complete breakdown of order within OPP. When the inmates were
finally evacuated from OPP, they suffered further harm, waiting for days on a
highway overpass before being placed in other correctional institutions, where
prisoners withstood exposure to the late-summer Louisiana heat and beatings
at the hands of guards and other inmates.
Finally, even as the prison situation settled down, inmates from the New
Orleans criminal justice system were marooned in correctional institutions
throughout the state, as the judicial system in New Orleans ceased to function.
The resulting effects were both tragic and unconstitutional, as the
suffering at OPP could have been prevented. This Article asserts that prison
administrators have a constitutional duty to plan for emergencies, and argues
that the failures of New Orleans officials to do so violated prisoners' Sixth
and Eighth Amendment rights, as well as internationally recognized human
rights standards. With the wealth of training and planning materials available
to prison officials and the knowledge of possible emergencies, it is
unconscionable for prisons to have nonexistent or inadequate plans.
Assessing change through litigation and legislation, this Article advocates a
45
mixed approach, using judicial and legislative remedies for the abhorrent
natural – ___________
mandatory – ___________
public – ___________
toxic – ___________
complete – ___________
correctional – ___________
judicial – ___________
emergency – ___________
1) natural
a) casualty
2) disaster
b) convict
3) inmate
c) calamity
4) victim
d) indigenous
5) breakdown
e) argue
6) assert
f) infringement
7) violation
g) collapse
violations of well-established prisoners' rights.
The Article recommends that states develop mechanisms, such as
emergency courts, to enable the administration of justice to resume promptly
following serious natural or man-made disasters. Prisons and courts should
internalize the lessons of Hurricane Katrina, which demonstrated the
consequences of inadequate preparation and planning for prisoners' safety
during and after a major emergency.
From: Robbins I.R., Lessons from Hurricane Katrina: Prison Emergency
Preparedness as a Constitutional Imperative, 42 U. MICH. J. L. REFORM 1 2008.
Available at: https://repository.law.umich.edu/mjlr/vol42/iss1/2
1. Write the word from the text to complete the phrases (e.g. essential –
essential role).
2. Match the words close in their meaning.
3. Choose the correct preposition.
a) Hurricane Katrina was one of/on the worst natural disasters ever to strike
the United States, in terms of casualties, suffering, and financial cost.
b) When the inmates were finally evacuated from/in OPP, they suffered
further harm, waiting for days on a highway overpass before being
placed in other correctional institutions.
c) Finally, even as the prison situation settled down, inmates from the New
Orleans criminal justice system were marooned in/to correctional
institutions throughout the state, as the judicial system in New Orleans
ceased to function.
d) Assessing change through litigation and legislation, this Article
advocates a mixed approach, using judicial and legislative remedies
for/to the abhorrent violations of well-established prisoners' rights.
46
e) Prisons and courts should internalize the lessons of Hurricane Katrina,
which demonstrated the consequences of inadequate preparation and
planning of/for prisoners' safety during and after a major emergency
4. Complete the summary of the text. Fill in each gap with one word.
The article addresses the subject of one of the worst natural _______
(Hurricane Katrina) ever to strike the United States, in terms of casualties,
suffering, and financial cost. The _______ of the work is to show that
correctional institutions were not well-prepared for calamities and find the
way out of these situations.
The author asserts that prison administrators have a constitutional _____
to plan for emergencies, and argues that the failures of New Orleans officials
to do so violated prisoners' Sixth and Eighth Amendment rights, as well as
internationally recognized human rights standards. It is also stressed that
________ should use both judicial and legislative remedies for the abhorrent
violations of well-established prisoners' rights.
In conclusion the author recommends that states develop mechanisms,
such as _______ courts, to enable the administration of justice to resume
promptly after serious natural or man-made disasters.
5. Translate the excerpt into Russian.
The Short Unhappy Life of the Negotiation Class
On September 11, 2019, Judge Dan Aaron Polster of the United States
District Court for the Northern District of Ohio, Eastern Division, approved a
novel negotiation class certification in the massive Opiate multidistrict
litigation (MDL). Merely one year later on September 24, 2020, the Sixth
Circuit reversed Judge Polster’s certification order. While the Opiate MDL has
garnered substantial media and academic attention, less consideration has been
directed to analyzing the significance of the negotiation class model and the
appellate repudiation of this innovative procedural mechanism.
This Article focuses on the development and fate of the negotiation class
and considers the lessons to be gleaned from its attempted use in the Opiate
MDL. The short unhappy life of the negotiation class raises questions
whether its failure was a consequence of implementation or design. This is
an important question because if the failure was the result of problematic
implementation in the context of idiosyncratic circumstances, then the
negotiation class model may live to see another day.
On the other hand, if the failure was the consequence of deficient design
and judicial overreaching, then the negotiation class may be consigned to the
museum of good intentions gone away.
47
The novel proposal for a negotiation class did not come out of nowhere
but was another chapter in a five-decade struggle between aggregationism
attorneys and judges seeking creative solutions to mass litigation, pitted
against jurists repudiating adventurous use of the class action rule. This
Article provides the definitive narration of the historical evolution of
expanding novel uses of Rule 23, anchored in the mass tort litigation crisis
that emerged on federal court dockets in the late 1970s. The article illustrates
how Judge Polster’s negotiation class was the logical culmination of decades
of judicial and academic experimentation with innovative procedural means
to accomplish the fair and expeditious resolution of aggregate litigation. It
traces the role of the American Law Institute in advancing pro-aggregation
initiatives, laying the groundwork for the Opiate negotiation class proposal.
The discussion elucidates how the debate over the settlement class concept
in the 1990s presaged the same debate over the negotiation class three
decades later, and how criticisms of the ALI aggregate litigation proposals
resurfaced in opposition to the Opiate negotiation class.
The negotiation class model promised to ameliorate numerous problems
inherent in heterogeneous group litigation by infusing class litigation with
collective action theories and democratic participatory features. The
centerpiece of the negotiation class was to bring class claimants to the table
and provide them with meaningful voice through group design of a
settlement allocation metric, coupled with a franchise vote to approve or
disapprove any offered settlement. Its other defining feature was to provide
defendants at early juncture in proceedings with an accurate assessment of
the class size as an incentive to enable defendants to secure global peace.
The attempted implementation of the negotiation class in the Opiate
litigation revealed numerous fault lines in the proposal.
The negotiation class as applied failed to provide many claimants with
comprehensible information regarding the devised allocation formula. Some
claimants believed that it failed to ameliorate the kinds of intraclass conflicts
it was designed to remedy. State attorneys general raised the specter of
interference with state prerogatives. Furthermore, rather than empowering
class members at the negotiation table, the development of the Opiate
litigation defaulted to a traditional model of attorney empowerment and
dominance in the resolution of aggregate proceedings. The promise of
collective action and democratization proved illusory.
The deployment of the negotiation class concept in the Opiate MDL also
entailed problematic questions concerning the role of judicial surrogates in
aggregate litigation and the increasing power and influence that courts
delegate to non-party actors. Judge Polster’s embrace of the negotiation class
in the Opiate litigation placed the judge, his court-appointed surrogates, and
48
the array of plaintiff and defense attorneys in tension with the Supreme
novel – ___________
certification – ___________
academic – ___________
procedural – ___________
problematic – ___________
idiosyncratic – ___________
creative – ___________
accomplish – ___________
aggregate – ___________
attempted – ___________
1) novel
a) accomplishment
2) litigation
b) understandable
3) garner
c) complicated
4) substantial
d) new
5) repudiation
e) motivate
6) implementation
f) appear
7) emerge
g) prosecution
8) comprehensible
h) gather
9) complex
i) denial
10) inspire
j) significant
Court admonition to federal judges, at the end of the twentieth century, to
cease adventurous use of the class action rule.
It may well be that the Opiate MDL was a poor vehicle to test the
negotiation class proposal and so the problem was one of implementation,
rather than design. The failure of the Opiate negotiation class leaves open
the question of whether those who crafted it could have done a better job to
avoid appellate reversal. Nonetheless, if the array of special masters, expert
academic professors, a seasoned senior judge, and highly experienced
complex litigation attorneys were unable to successfully shepherd the first
negotiation class, this experience raises doubts about its prospects. It should
be remembered that the settlement class of the 1990s was a novel procedure
in its day, yet it subsequently became a stock device in the class action
toolbox. The history of the settlement class may foreshadow better days for
the negotiation class or inspire further rulemaking by the federal judiciary to
legitimate the negotiation class model.
From: Mullenix L.S. The Short Unhappy Life of the Negotiation Class, 56 U.
MICH. J. L. REFORM 613 Journal of Law Reform, 2023. Available at:
https://repository.law.umich.edu/mjlr/vol56/iss3/2
1. Write the word from the text to complete the phrases (e.g. important –
important question).
2. Match the words close in their meaning.
49
3. Match the words opposite in their meaning.
1) novel
a) start
2) approve
b) easy
3) substantial
c) insignificant
4) complex
d) luck
5) cease
e) old
6) failure
f) disapprove
7) successful
g) unfortunate
8) emerge
h) appear
4. Choose the correct preposition.
a) The work focuses on/at the development and fate of the negotiation
class.
b) On/ in the other hand, if the failure was the consequence of deficient
design and judicial overreaching, then the negotiation class may be
consigned to the museum of good intentions gone away.
c) It traces the role of/for the American Law Institute in advancing pro-
aggregation initiatives, laying the groundwork for the Opiate negotiation
class proposal.
d) The negotiation class model promised to ameliorate numerous prob-
lems inherent in heterogeneous group litigation with/by infusing class litigation with collective action theories and democratic participatory features.
e) The attempted implementation of the negotiation class on/in the
Opiate litigation revealed numerous fault lines in the proposal.
f) State attorneys general raised the specter of interference by/with state
prerogatives.
5. Translate the excerpt into Russian.
The Securities Law Disclosure Conundrum
for Publicly Traded Litigation Finance Companies
For the past decade and a half, litigation finance companies (LFCs) have
altered the landscape of the civil justice system in common law jurisdictions.
They have empowered thousands of business litigants to vindicate their legal
rights, chipped away at inbuilt advantages in settlement negotiations
favoring large and repeat players, and catalyzed reform initiatives in areas
long considered third rails in professional regulation, such as fee sharing.
The continuing evolution of litigation finance is a phenomenon that all
lawyers should register. Litigation finance will increasingly shape the
institutional arrangements of dispute resolution practices as well as the
broader financial and labor economics and ethical regulation of the legal
profession.
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