Language Log

Creative Commons is a "nonprofit organization that increases sharing and improves collaboration" by providing "free, easy-to-use legal tools … [that] give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work". In particular, many Open Access journals now use a Creative Commons license, among them the new eLanguage initiative of the Linguistic Society of America.

But yesterday, at the LSA's annual meeting, someone raised a question about the use of Creative Commons licenses for this purpose. The question has an interesting linguistic aspect — I'd describe it as a matter of pragmatic scope — which I thought I'd explain to you here.

Thanks to reader DS, following up on this morning's post on the Philadelphia Newspapers' bankruptcy case ("The indubitable equivalent of such claims"), I now know which commas were at stake, and why.  The critical commas were these, in 1129(b)(2)(A)(ii) of Chapter 11, subchapter II, of U.S. Code Title 11:

(ii) for the sale, subject to section 363 (k) of this title, of any property that is subject to the liens securing such claims, …

As to why and how the commas allegedly matter, DS drew my attention to dueling footnotes in the briefs.

Discussing our local newspapers' bankruptcy case, Steve Tawa explained today ("Newspaper Bankruptcy Ruling Could Hinge on 'Or,' Or a Comma", KYW Newsradio 1060, 12/15/2009) that:

Lawyers argued over complex bankruptcy code phrases like "indubitable equivalent."  They also vetted the word "or" in the language, and a certain comma's placement in the statute.

Josh Rosenberg was puzzled — which "or", which comma, and why? The rest of the article doesn't say.

So Josh wrote and asked me. It's a linguistic question, right? But I have no clue — I'm in Landsdowne VA for a conference. Not that I would have been in court anyhow.

Questions about disclosure of possible conflicts of interest don't arise very often in our field. I take that as that as a testament to the economic insignificance of our results. There are plenty of people who have a financial interest in linguistic research, but they rarely have a stake in having it come out one way rather than another, the way a pharmaceutical company does if it can show that drug X is more effective than drug Y. You don’t have to worry about ethical conflicts when the author can be presumed to have an unequivocal interest in doing the science right. They only become important when the author might conceivably have an interest in doing the science wrong.

But these questions can arise when a linguist is engaged to testify as an expert witness in a legal proceding and decides to revisit the issue later in a scholarly talk or publication. In fact it was a disagreement about just such a situation that provided the impetus for a symposium at last January's LSA meeting on "Ethical Issues in Forensic Linguistic Consulting."

From Dave Montgomery, "Texas marriages in legal limbo because of constitutional amendment, candidate says", Fort Worth Star-Telegram, 11/17/2009:

Texans: Are you really married?

Maybe not.

Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state.

… [T]he troublemaking phrase, as Radnofsky sees it, is Subsection B, which declares:

"This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage."

Architects of the amendment included the clause to ban same-sex civil unions and domestic partnerships. But Radnofsky, who was a member of the powerhouse Vinson & Elkins law firm in Houston for 27 years until retiring in 2006, says the wording of Subsection B effectively "eliminates marriage in Texas," including common-law marriages.

Anita Krishnakumar posts at Concurring Opinions on November 2 about a Supreme Court judgment by Justice Anthony Kennedy that turned quite crucially on the distinction between active and passive voice in the language of criminal statutes, only (you're ahead of me already aren't you, Language Log readers?) Justice Kennedy doesn't know his passive from a hole in the ground, so the claims made are nonsense. I see no way to read what he says that does not involve assuming that he thinks if serious bodily injury results and if death injury results are passive clauses. And the point is a general one, crucially tied to grammar: Kennedy thinks that in general "criminal statutes use the active voice to define prohibited conduct" and use the passive voice to specify mere sentencing factors associated therewith, and courts should pay attention to that distinction. Only there isn't a distinction in the statute he cites. I won't go on about it, since a couple of sensible commenters do my work for me right after the post, citing Language Log, where so many posts have been devoted to this topic (I aggregate them for reference here). But heavens above: You can get to be a Supreme Court justice, and write about actives and passives, without having any clue how that distinction is normally defined by grammarians, and without giving any alternative definition? Could we perhaps organize a few lunches at which linguistics department chairs meet with law school deans or something?

In the celebrated libel case brought by the British Chiropractic Association against Simon Singh, Singh has won a round in court. Or rather, he's won the right to appeal a previous loss in court.

First, a new twist on a story that our legal desk covered back in February: at the annual Ig Nobel awards ceremony earlier tonight, the Prize for Literature was awarded to the Garda Síochána na hÉireann (i.e. the Irish Police Force) for the 50 or more speeding tickets they've issued in the name "Prawo Jazdy", Polish for "driver's license."

And as if that wasn't enough onomastic excitement, the 2009 Ig Nobel Prize for Veterinary Medicine was awarded for work reported in Bertenshaw, C. and Rowlinson, P., Exploring Stock Managers' Perceptions of the Human-Animal Relationship on Dairy Farms and an Association with Milk Production, Anthrozoos: A Multidisciplinary Journal of The Interactions of People and Animals 22:1, pp. 59-69, 2009. Specifically, Dr. Bertenshaw and Dr. Rowlinson share the prize for their demonstration that (and here I quote from the article's abstract): "On farms where cows were called by name, milk yield was 258 liters higher than on farms where this was not the case (p < 0.001)."

Yet all this groundbreaking research leaves me with more questions than answers. What is the causal direction behind the correlation? And if my cow produced 238 liters too little milk, would I admit to the researchers the names I used for her? And how much milk can an Irish policeman get from a speeding Polish cow?

A couple of days ago, Olivia Judson discussed the effects on science writing of the execrable state of English libel law, with some details of the British Chiropractic Association's libel case against Simon Singh, and a bit about Mattias Rath's case against Ben Goldacre: "Cracking the Spine of Libel", NYT, 9/15/2009. There's an excellent list of links at the end of her post.

We discussed a central linguistic aspect of the case against Singh here a few months ago ("Knowing bogosity", 4/11/2009).

I was just looking for something in international mail regulations and stumbled on something curious. Among the items that it is prohibited to send to Brazil are: "Primary educational books not written in Portuguese". I have no desire to send any such textbooks to Brazil – in fact I'm not planning on sending anything to Brazil – I noticed this while looking for something else – but I'm curious as to the reason for this prohibition. It stands to reason that in a country whose primary language is Portuguese most primary textbooks will be in Portuguese, but I should think that there would be some schools in which some textbooks are not, such as international schools. And even if no schools use such textbooks, I can imagine foreign residents importing books in their own language for the use of their children, or teachers and educationists who want to examine textbooks from other countries. Against these legimitate uses for non-Portuguese textbooks, it is hard to imagine the threat posed by non-Portuguese textbooks. Do any of our readers know what this is about?

For people interested in language, linguistically-interesting bits grow on  pretty much all of the trees in the forest of communicative interaction. In order to get on with life, we let most of the specimens pass without comment. But the first two segments of this week's Car Talk radio show, which I listened to with half an ear while I waited for a computer program to finish running, rose to the threshold of bloggability: the first segment because it offered a nice exchange on what an "accent" is, suitable for use in my new lecture notes for this year's Linguistics 001;  and the second segment bcause it relates to a recent and celebrated British libel case.

Barbara Phillips Long pointed me to Prof. James Maule's  tax-law blog, Mauled Again, because, she wrote, "he touches on three areas that intrigue me –language, teaching and economics". So I followed the link and read a few pages, and I was struck by a number of implicit connections. For example, his approach to teaching the tax code reminded me of the way I was taught, many years ago, to "construe" Latin texts:

I take the students through an analysis of how Code sections and Treasury regulation sections are constructed, showing them that the secret to parsing the language is … to break the conglomeration of words into phrases and other segments and then to re-connect them, preferably in a manner that resembles English more than what I call "tax-ese."

Don Asmussen's Bad Reporter for 5/27/2009:

This reminds me of some of the discussions of California's ballot proposition system — and since the cartoon came out the day after the California Supreme Court ruled on Proposition 8, I guess that it was supposed to.