Archive for Language and the law

Ballots for which one or more candidates do not agree were wrongfully rejected

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:

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Blagojevich

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.

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Are we inured yet?

The December 15, 2008 issue of Newsweek contains an article called, “Desperate Housewares”, a catchy title that plays off the name of a popular television program called “Desperate Housewives” (full disclosure: I’ve never watched this program but I do subscribe to Newsweek). In the article was this sentence:

Shoppers seem inured to the relentless Christmas spirit.

From this I’d guess that most readers understand that shoppers are accustomed to and even accept this relentless Christmas spirit and that it’s not a good thing– except perhaps for the retail trades. Inure, that is, conveys something negative here. Hold that thought while I describe a very different use of inure.

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Nailing a suspect

Mark Liberman’s post about the phone call that has caused people to try to determine who was responsible for the Mumbai attacks highlights a problem in the current practice of forensic linguists who do authorship analysis these days. His post was about speaker identification (or nationality/ethnicity of speaker), so I’m stretching things a bit here, but whether the evidence is spoken or written, the process of narrowing down a list of suspects, much less finding the right one, has many of the same problems.

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The buttocks as "sexual organs" once again

Back in January I discussed the claim by the Federal Communications Commission that the buttocks are a "sexual or excretory organ". To my amazement and dismay, this nonsense continues. The matter has now reached the Court of Appeals for the Second Circuit. Here is ABC's brief and here is the FCC's response.

I don't find the FCC's response at all persuasive. It consists in large part of the claim that in the rule the phrase "sexual or excretory organs" should be interpreted as meaning what they want it to mean, as "body parts whose public display is deemed offensive by prudish people" rather than as what it actually says. It will be interesting to see what the Court makes of it.

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The great Montana parapet battle

A report from Languge Log's Rocky Mountain desk, where folks out here now fight over words rather than cattle rustling.

The Planning and Zoning Board of the Missoula Montana city government is having one of those ding-dong, small-town lexical battles, this time over what constitutes a parapet. Montana Lil’s has purchased the defunct 4 B’s Restaurant at a busy (by Montana standards) intersection and wants to turn it into a casino (yes, we have lots of these out here and we probably don’t need any more, but that’s how it goes out here in the new Rocky Mountain west).

The new owners want to erect a big video sign on the old restaurant’s roof, which has four equal sized, triangular sections that come to a point at the center. Current signage rules allow for parapet signs but they prohibit any signs on roof tops. No problem, say the new owners. Their new sign will be placed on a parapet that they’ll construct as a small, box-like structure on top of the building’s existing pointed roof. Unfortunately for them, their proposed construction is way too far from the edge of the outer wall of the building, where parapets normally are located. City officials say this doesn’t fit anyone’s definition of a parapet. They have a point.

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What does the F-word contribute?

In this earlier post, I was critical of the FCC's claim that the F-word "inherently has a sexual connotation" no matter what the context. (The Supreme Court took up this question yesterday.) However, my post doesn't offer any suggestions for how to get a clear look at what the F-word does contribute to a discourse. Though I don't have results for the F-word in particular, I do have results for more mildly-taboo items, including English damn and the Chinese intensive tama(de). (I'm hoping that this follow-up post allays any fears Geoff Pullum might have that I now see language as a big bag of words…)

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The connotations of the F-word

The Supreme Court hears oral arguments today in FCC v. Fox Television Stations, the case of the fleeting expletive. Bono got things going when exclaimed "really, really fucking brilliant" at the 2003 Golden Globe Awards.[*] The FCC first judged such usage non-offensive, then back-tracked in the face of pressure from the Parents Television Council. In this note, the FCC declares that

given the core meaning of the "F-Word," any use of that word or a variation, in any context, inherently has a sexual connotation

Language Loggers have commented on this and related topics before, and Arnold recently went meta on the Times coverage of the case. I recently spoke with Jess Bravin at the Wall Street Journal about the FCC's statement and the coming Supreme Court hearings. (His article with Amy Schatz appeared today, along with a cool wordle-like graphic on the results below.) During out conversation, Jess asked how a linguist might test the FCC's claim about the connotations of the F-word. Does it in fact have sexual connotations even when used as an intensive, as in Bono's "really, really fucking brilliant"?

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Kentucky court persists in error

Three weeks ago I wrote about the state of Kentucky's attempt to seize the domain names of internet gambling sites using a statute that authorizes the seizure of "gambling devices', pointing out that the belief that domain names are gambling devices is bizarre. The court has now held an adversarial hearing on the matter and has issued a decision confirming its ex parte order. Most of the opinion is devoted to other issues, such as the question of whether domain names are property and whether the Kentucky court has jurisdiction, but the question of whether domain names are "gambling devices" as defined in the statute is briefly addressed at pp. 22-25.

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Trademarks and generic names

I’m running a couple months behind on this but I’m finally getting around to commenting on the issue that Bill Poser posted about the eventually aborted effort by Dell to register, trademark and thereby prevent other companies from using “cloud computing.” It seems to me that Dell’s effort illustrated one of the struggles that both the Patent and Trademark Office and trademark lawyers have when they try to deal with the conventionally accepted (but sometimes difficult to define) trademark categories.

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Terrorism in Montana

I lived in Maryland many years ago and it’s a good thing I’m not living there now. Why? Because yesterday I attended a church meeting about Montana’s efforts to rid this state of its death penalty. If I still had been living in Maryland in 2005 and 2006, simply attending a meeting like this would have landed me on the state and federal terrorist watch lists. This Washington Post article tells me I could be in a heap of trouble for my Biblically supported views against capital punishment. The Maryland Judicial Proceedings Committee is now studying the matter and there is at least some hope that sanity will soon return to Maryland.

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The grammar of forms and the Ohio Supreme Court

One of the several controversies that have recently arisen over voting procedures in Ohio concerns applications for absentee ballots. Although an official Absentee Ballot Request Form is available from the office of the Ohio Secretary of State, the law does not require this form to be used. For some reason, the McCain campaign created its own inferior form, which among other things omits instructions, the warning that false statements are a felony, and space for the requestor's telephone number and email address. The McCain campaign form has a checkbox next to the statement: "I am a qualified elector and would like to receive an Absentee Ballot for the November 4, 2008 General Election". Ohio Secretary of State Jennifer Brunner, a Democrat, ruled that applications in which the checkbox was not checked would be rejected. In spite of her offer to allow rejected applicants to correct the omission, a lawsuit was filed, resulting in a decision by the Ohio Supreme Court, which ordered [pdf] that absentee ballot requests should be honored even if the checkbox was not checked. (The Court's order contains a photograph of the form in question.)

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A domain name is not a gambling device

The Governor of Kentucky is attempting to seize 141 domain names associated with internet gambling sites on the grounds that internet gambling is illegal in Kentucky. On the State's ex parte motion, without a hearing, a Franklin County court ordered [pdf document] the transfer of all 141 domain names to the State of Kentucky. This has aroused considerable controversy, for reasons including the following:

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