Language Log

The fine line separating what a jury should know and learn from what it should not know and learn became either finer or blurrier, depending on your perspective, in a recent New Jersey case (here) where a lawyer was empanelled on the jury. I don’t know how common it is for a lawyer to be selected for jury duty, but I’d guess it must be pretty rare. I know that as an expert witness I’ve never made it past the voir dire stage in the many times I’ve been summoned for jury duty. I’ve always been “struck” by the lawyers when they learn that I’ve been an expert witness in scores of trials. They don’t seem to want to let anyone who has professional experience analyzing evidence be a trier of the fact in their cases. And that may be the right way to do it, for all I know. In this case, however, the opposing lawyers actually picked another lawyer to be a juror.

The personal injury case was Barber (a customer) v. Shoprite (a grocery store chain), in which Joyce Barber slipped on the floor and was severely injured. During the usual voir dire of potential jurors, the opposing lawyers decided to include attorney and state senator Robert Martin as one of the six jurors to decide the case. At the end of the trial, this jury awarded the plaintiff $876,000 in damages resulting from her fall in a Shoprite store.

As anyone who blogs knows or soon learns, doing so makes you a whole lot more transparent than you might otherwise wish to be. In fact, writing anything like books, articles, or blogs makes you an attractive target for people who may not appreciate what you say. No clearer example can be found than the vetting process the government inflicts on nominees for high-level appointments, such as the US Supreme Court. It’s unfortunate that the persons who finally survive these processes are often are the ones who have written little or nothing about which they can be criticized.

The problem with putting anything in print is made very clear by Paul Barrett in his Harvard Magazine review of a new book by Lawrence Tribe, The Invisible Constitution. Barrett feels that Tribe’s candid views about the US Constitution automatically eliminate him as a possible nominee to the highest court in the land—primarily because he clearly elaborates his own positions (reasonable, to me anyway) about the hot topic of the originalist theory of interpretation. 

Language Log readers seldom have the opportunity to read The Billlings Gazette. So now’s your big chance. A recent article will tell you the way things are out here in the rugged mountain west. We don’t use weak, wimpy words in this part of the country. No, siree. We drink strong coffee, we drive power vehicles, and we don’t use weak, wimpy language.

Those who remember the fallen Montana war hero, Lt. Col. Gary Derby, recently killed in one of the many wars going on these days, have only good things to say about him, including the fact that he insisted that the troops under his command avoid weak, wimpy words, like “I think,” “I might,” and “maybe.” You have to be strong, firm, and optimistic if you’re going to command your troops. Lt.Col. Derby did this very well. But this got me thinking about what happens when academic linguists testify in lawsuits.

Mark Swofford, Steve Hansen, and Anne Henochowicz have just called my attention to a wonderful post by Joel Martinsen over at Danwei which tells about a man named Zhao C who was informed by the Public Security Bureau of the People's Republic of China that he can no longer call himself "C," something that he has been doing his entire life. Mr. Zhao and his father, a lawyer, brought suit against the Public Security Bureau. Last June, a district court in Yingtan, Jiangxi Province, found in Zhao C's favor, but the Public Security Bureau appealed. As one might have expected, Mr. Zhao was ultimately forced to "voluntarily" change his name.

The following is a guest post by Jason Merchant.

The Supreme Court is scheduled today (25 Feb 2009) to hear arguments (Flores-Figueroa v. U.S., No. 08-108) to decide whether Ignacio Flores-Figueroa should have his conviction for aggravated identity theft reversed. The debate centers on the interpretation of a statute, 18 U.S.C. sec. 1028A(a)(1), which states that:

"Whoever … knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall … be sentenced to a term of imprisonment of 2 years."

If ever there is a question about the need to know a few foreign languages these days, see this BBC link about the embarrassed Irish cops who have been stymied in their hunt for a serial traffic violator who went by the name Prawo Jazdy. It seems that Mr. Jazdy is not who the cops thought he was. He wasn’t even a person. In Polish, the words mean, hold your breath, “driver’s license.”

Hat tip to Ruth Morris.

Most translators only have to worry about being criticized for errors, but in Afghanistan the mere act of translation can get you twenty years in prison. An appellate court has upheld 20 year prison sentences for Ahmad Ghaws Zalmai, who translated the Qur'an into Dari, one of the two major languages of Afghanistan, and Mushtaq Ahmad, a cleric who endorsed Zalmai's translation. It appears that no errors have been found in Zalmai's translation: the objection of Muslim clerics is that the Dari translation does not appear alongside the original Arabic text. The prosecutor had asked for the death penalty. Although the court did not impose the death penalty, Chief Judge Abdul Salam Azizadah agreed that it might be appropriate.

Lucky for Zalmai and Ahmad that Afghanistan now has a democratic government controlled by moderate Muslims rather than the Taliban and other members of the tiny minority of intolerant extremists, hunh?

Three freedom-of-speech updates on various language-related shock- horror- scandal- probe episodes in the UK this morning.

(1) Prince Harry is being sent away to an equality and diversity training course where perhaps he will at last learn that the royal family should avoid any use of offensive epithets for ethnic minority groups in the population over which they have hereditary rule.

(2) The Dutch far-right-wing politician Geert Wilders has been denied the right to enter Britain to attend a screening of his anti-Muslim film Fitna (it reportedly juxtaposes shots of the 9/11 attacks with quotations from the Qur'an), which a member of the House of Lords wants to screen for parliamentarians. The refusal of entry is said to be because Wilders poses a danger to the public through the ferocity of his extreme anti-Islamic views (at least 79 preachers deemed to preach "hate" have also been denied entry to the UK under the same European Union law). Wilders plans to fly in anyway, daring the authorities to "put me in handcuffs".

(3) The twentieth anniversary of Ayatollah Khomeini's fatwa condemning novelist Salman Rushdie to death for disrespecting Islam is causing some renewed discussion of the case. At the University of Bristol broadcaster Kenan Malik and Professor Tariq Modood will debate limits on free speech in a multicultural society — both attacking the liberal left, but for different reasons (Malik thinks liberals have been complicit in gagging free speech; Modood them liberals of inconsistency and double-standards for not extending protection from offensive speech to religious minorities).

Life struggles on in this peaceful but frozen country. Rowan Laxton is on bail. Here in Edinburgh a light snow is falling outside, and as I sit at the laptop over breakfast in my kitchen posting about possible threats to linguistic liberty, so far the heavy footfall of police has not been heard on the stairs outside our apartment. Wait a minute, there's someone at the door…

If the stars are in the right alignment and if you live long enough, you too can become a victim of stereotype and prejudice. I’ve been a semi-privileged, middle class, male Caucasian all of my life, but now, thanks to The New Old Age I’ve discovered that I too am a card-carrying member of a group that is besieged by politically incorrect language.

A stylebook for the media now shows how writers and broadcasters can avoid being sued for discrimination by, uh, well, er, whatever we’d rather be called (hint: it isn’t the e word). I’ll bet that this book will be cited in a slew of forthcoming lawsuits on age discrimination. Elderly is out, along with senior citizen, golden years, feisty, spry, senile, and grandfatherly.

As I understand ageism these days, I’m even supposed to be offended if someone says that I’m seventy-eight years young. Okay, I know about the more obvious ageist words, like codger, old fart, geezer, old goat, and fossil, but the insult of adding years young to my age mystifies me. For some reason I kinda like it. Maybe I need to get out more.

American readers are likely to be truly amazed to learn what has just happened to a senior British diplomat, Mr Rowan Laxton. He was on an exercise bike at a gym in the Regent's Park area of London, and he got angry as he watched film of the destruction in Gaza, and shouted: "Fucking Israelis! Fucking Jews!" — adding that they should be "wiped off the face of the earth."

Mr Laxton is head of diplomatic policy in South Asia at the Foreign and Commonwealth Office of the UK government. He reports directly to brief the Foreign Secretary, David Miliband. (In one of those twists that fiction has to avoid on grounds of implausibility but real life allows, Mr Miliband is Jewish.) But he was not merely reprimanded, or sent for anger management, or removed from his post, or dropped from a BBC talk program over this. The police came and arrested him. He faces a criminal charge of inciting religious hatred, which can carry a seven-year prison term. (For a newspaper account, see this report in The Times.)

We have previously discussed the claim of the Attorney General of Kentucky and a trial court's acceptance of that claim, that the domain names of internet gambling sites are "gambling devices" and therefore subject to seizure under Kentucky law. I am pleased to report that the Kentucky Court of Appeals has ruled that domain names are not gambling devices and on this basis has issued an order of prohibition barring the trial court from enforcing its seizure order. The majority held that:

…it stretches credulity to conclude that a series of numbers, or Internet address, can be said to constitute a "machine or any mechanical or other device…[sic] designed and manufactured primarily for use in connection with gambling." We are thus convinced that the trial court clearly erred in concluding that the domain names can be construed to be gambling devices subject to forfeiture under KRS 528.100.

A set of previously-rejected absentee ballots in the Minnesota senatorial election have now been counted. Some background on the process that led to this event can be found in the affidavit of Tony P. Trimble (12-31-08), which includes as Exhibit A "Rules for Processing Improperly Rejected Absentee Ballots for US Senators", which in turn includes point 15:

Several Language Log readers have asked me what a linguist might be able to do with the undercover tapes in the escalating case of Illinois governor Rod Blagojevich. The simple answer is, “I don’t know; I haven’t heard them.” That puts me in the same predicament with his lawyer, Ed Gensen, who faces the problem of having to defend the governor on charges that, so far at least, have not been accompanied with the hard evidence allegedly on the tapes. But hey, that’s how the system usually works. Prosecutors wait as long as possible before revealing their best evidence. Among other things, this helps to delay the defense from preparing as quickly as it could.