Language Log

Gordon Smith, "A Landmark Opinion: Corpus Linguistics in the Courts", The Conglomerate 7/19/2011:

Last month I blogged about the "best student comment ever," the first law review article to rely on corpus linguistics as the basis for analysis. As I have worked with corpus linguistics (through the comment's author, Stephen Mouritsen) over the past few months, I have come to conclude that it will revolutionize the study of law, at least insofar as we are attempting to understand word usages.

Today, my former colleage and current Utah Supreme Court Justice Tom Lee used corpus linguistics in a lengthy concurring opinion (the relevant section starts at page 34). In this opinion, Justice Lee is interpreting the word "custody," and he brings corpus linguistics to the fight. […]  Justice Lee's collegues are not enamored with the approach, but you can read the opinions for yourself and see who gets the better of the argument.

This seems to be the first judicial opinion anywhere using corpus linguistics, but it will surely not be the last.

Matt Negrin at Politico is teasing Cass Sunstein over his 4/13/2011 memo "Final Guidance on Implementing the Plain Writing Act of 2010" ("Deciphering 'Plain Language' Edict", 4/19/2011):

The White House has a new mission for agencies: Ditch the jargon, and speak “plainly” to the public.

But don’t look to the White House to lead by example.

Cass Sunstein, the administrator of the Office of Information and Regulatory Affairs, is calling on federal workers to stop using “confusing, technical, and acronym-filled language.” To help them out, he’s issued “final guidance” on how to talk straight and not garbled – in convenient PDF form.

The “official interagency working group” created for this mandate is the Plain Language Action and Information Network. That’s right, “PLAIN.” An acronym.

The Court of Appeal for British Columbia handed down a very unusual decision today that raises an interesting linguistic issue. The underlying case, Cojocaru (Guardian Ad Litem) v. British Columbia Women’s Hospital, was a medical negligence suit by the parents of a brain-damaged baby against the hospital at which it was born. At trial before the Supreme Court of British Columbia, Justice Joel Groves ruled for the plaintiffs and awarded them $5 million in damages.

According to Ian Sherr, "Apple, Microsoft Hire Linguists to Duel Over App Store Name", WSJ 3/30/2011:

Microsoft Corp. (MSFT) and Apple Inc. (AAPL) have both hired linguists to serve as experts in the tech titan's ongoing battle over whether or not the government can grant a trademark for the term "app store."

Ben Zimmer, "The Great Language Land Grab", NYT 3/27/2011:

When tech companies engage in legal squabbles about who gets to use our everyday words, what are ordinary speakers of the language to make of it all?

Microsoft is suing Apple, and Apple is suing Amazon, all over the right to use a simple two-word phrase: “app store.” […]

It’s not the first time the tech industry has claimed commonplace language as its own.

Facebook has been notorious in this regard, filing trademarks on an array of common four-letter words: “like,” “wall,” “poke” and, naturally, “face” and “book.” […]

Microsoft, of course, has long been playing this game by fiercely upholding prosaic brand names like Windows, Office and Word.

Over the past few days, we've discussed the possible relevance of corpus evidence in legal evaluations of ordinary-language meaning. Another (and socio-economically more important) legal application of computational linguistics is featured today in John Markoff's article, "Armies of Expensive Lawyers, Replaced by Cheaper Software", NYT 3/4/2011:

When five television studios became entangled in a Justice Department antitrust lawsuit against CBS, the cost was immense. As part of the obscure task of “discovery” — providing documents relevant to a lawsuit — the studios examined six million documents at a cost of more than $2.2 million, much of it to pay for a platoon of lawyers and paralegals who worked for months at high hourly rates.

But that was in 1978. Now, thanks to advances in artificial intelligence, “e-discovery” software can analyze documents in a fraction of the time for a fraction of the cost. In January, for example, Blackstone Discovery of Palo Alto, Calif., helped analyze 1.5 million documents for less than $100,000.

On Tuesday, the Supreme Court ruled in FCC v. AT&T that corporations are not entitled to a right of "personal privacy," even if corporations can be construed as "persons." To reach this decision, they were aided by an amicus brief by Neal Goldfarb that presented corpus evidence on the types of nouns that the adjective "personal" typically modifies. Here on Language Log, Mark Liberman posted about the case on the day the decision was released, and now I have a piece for The Atlantic discussing the use of corpus analysis in the courtroom.

Today the U.S. Supreme Court issued its (unanimous) decision in FCC v. AT&T. The key issue was whether  corporations are entitled to a right of personal privacy. Specifically, the Freedom of Information Act exempts “law enforcement records the disclosure of which 'could reasonably be expected to constitute an unwarranted invasion of personal privacy.'”

CompTel, a trade association, submitted a FOIA request for documents AT&T had provided to the Federal Communications Commission Enforcement Bureau during an investigation of that company. The Bureau found that Exemption 7(C) applied to individuals identified in AT&T’s submissions but not to the company itself, concluding that corporations do not have “personal privacy” interests as required by the exemption. The FCC agreed with the Bureau, but the Court of Appeals for the Third Circuit did not. It held that Exemption 7(C) extends to the “personal privacy” of corporations, reasoning that “personal” is the adjective form of the term “person,” which Congress has defined, as applicable here, to include corporations.

For some interesting background and discussion, see Neal Goldfarb's post on the decision at LAWnLinguistics. You should also take a look at his post from January 19, "Personal privacy ≠ corporate privacy", in which he discusses the amicus brief that he filed in the case.

The latest trademark atrocity is due to the Tolkien estate, whose lawyers have written to Zazzle demanding that it cease to advertise and sell buttons reading "While you were reading Tolkien, I was watching Evangelion", which, they claim, infringes on the trademark owned by the estate. They are almost certainly wrong. The rights granted trademark holders are very limited and have to do with identification of products and services. The Tolkien trademark means that you and I cannot market Tolkien branded items – it most emphatically does not mean that we cannot use the word "Tolkien" in other contexts, such as discussing J. R. Tolkien himself, his work, or Tolkien-branded items. Trademark is not intended to, and does not, give the holder a general power to control the use of words.

Jeremy Roebuck, "Defendant with no language proves difficult to prosecute", Philadelphia Inquirer 1/11/2011:

As [Juan Jose Gonzalez Luna] has next to no language skills, his case has baffled Montgomery County courts since his arrest on drug trafficking charges late last year. While courts have come a long way in providing access to interpreters in a host of exotic languages, no one is sure how to translate for a man who knows no language at all. […]

Accommodating those with limited access to language is a rare problem in U.S. courts, but one that judges have met with limited success.

Many have avoided the problem, declaring such defendants incompetent to stand trial. Others have relied on a complex and imperfect method of interpretation, one still viewed with skepticism by many in the legal profession.

And while most courts say they do their best, a good effort is not good enough, said Michele LaVigne, a lawyer and scholar at the University of Wisconsin Law School.

It is not, after all, that defendants like Gonzalez are incompetent to stand trial, but that the U.S. court system largely remains ill-suited for trying them.

"The law is a language-based system," she said. "Drop someone in who can't access that immediately, and we still don't know what to do with them."

Stanley Fish, discussing John Paul Stevens' reasoning about the value of anonymous speech ("Anonymity and the Dark Side of the Internet", NYT 1/3/2011):

… it is not true that a text’s meaning is the same whether or not its source is known. Suppose I receive an anonymous note asserting that I have been betrayed by a friend. I will not know what to make of it — is it a cruel joke, a slander, a warning, a test? But if I manage to identify the note’s author — it’s a friend or an enemy or a known gossip — I will be able to reason about its meaning because I will know what kind of person composed it and what motives that person might have had.

Antonin Scalia, arguing for a textualist rather than intentionalist theory of legal interpretation ("Law and Language", First Things 11/2005; discussed here; a pirated version appears to be here):

Two persons who speak only English see sculpted in the desert sand the words “LEAVE HERE OR DIE.” It may well be that the words were the fortuitous effect of wind, but the message they convey is clear, and I think our subjects would not gamble on the fortuity. […]

If the ringing of an alarm bell has been established, in a particular building, as the conventional signal that the building must be evacuated, it will convey that meaning even if it is activated by a monkey. […]

What is needed for a symbol to convey meaning is not an intelligent author, but a conventional understanding on the part of the readers or hearers that certain signs or certain sounds represent certain concepts. In the case of legal texts, we do not always know the authors, and when we do the authors are often numerous and may intend to attach various meanings to their composite handiwork. But we know when and where the words were promulgated, and thus we can ordinarily tell without the slightest difficulty what they meant to those who read or heard them.

Back in April, I wrote a blog entitled "A Ban on Roman Letter Acronyms?"   In it, I discussed the proposal by the Chinese chairman of the International Federation of Translators, Huang Youyi, to purify Chinese of English expressions.  At the time, no one (outside of Chinese rulership circles) ever thought that it would really happen.  It seemed too preposterous and unworkable.  No matter how much the  language censors and purity zealots detested the look of English words and Roman letters in Chinese writing, they'd never be able to enforce such a ban.

Tom Jackman, "Dropped 'at' in Va. law yields acquittal in school bus case", WaPo 11/30/2010:

Virginia law on passing a stopped school bus has been clear for 40 years. Here – read it yourself:

"A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children."

Yes, drivers must stop a school bus which is, er, stopped.

Wait. Is something missing there?

Indeed. The preposition "at" was deleted in 1970 when the law was amended, the statute's history shows. And a man who zipped past a school bus, while it was picking up children with its lights flashing and stop sign extended, was found not guilty recently by a Fairfax County Circuit Court judge.

"He can only be guilty if he failed to stop any school bus," Judge Marcus D. Williams said at the end of the brief trial of John G. Mendez, 45, of Woodbridge. "And there's no evidence he did."