I filed another amicus brief in the Supreme Court last week that I regard as an example of using linguistics in legal argument. Although the brief contains no discussion of linguistics, it was enabled by the fact that I have learned, to a certain extent, how to think like a linguist.
The case is University of Texas Southwestern Medical Center v. Nassar, and it deals with employment discrimination. The linguistic issue that the brief deals with is the interpretation of prohibitions against discrimination “because of [the employee’s] age” or “because [the employee] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.” In particular, does the use of the word because in these provisions require the plaintiff to prove that the prohibited factor was what’s known in the law as a “but for” cause of the adverse action? Or is it enough for the plaintiff to prove that the prohibited factor was one of several motivations for the action, any one of which would have been sufficient on its own?
My post on the Recess Appointments Clause was cited in a supplemental letter brief that was filed by the Justice Department in a Recess-Appointments case pending in the U.S. Court of Appeals (page 11, footnote 10).
The letter brief also makes several arguments paralleling what my post said; whether those arguments were taken from the post rather than developed independently, I can’t say. (Though I certainly know what I choose to believe.)
H/t Legal Times Blog via HowAppealing.
I’m late in learning about this; it apparently went public back in May, but doesn’t seem to have attracted much blogospheric notice.
Mark Davis, the proprietor of the Corpus of Contemporary American English (COCA) and the Corpus of Historical American English (COHA), has made another corpus available via the same interface as COCA and COHA. This one’s a little bit bigger though.
155 billion words, 62 billion of them the 1980s-2000s.
Billion with a b. Bill-yun.
Update: Apparently some of the features of the interface aren’t available yet.
This is the second installment of my look at the recent court of appeals decision in Sherley v. Sebelius, the litigation over federal funding of research on human embryonic stem cells (hESCs). The first installment, which sets the stage, is here. And before I begin, let me repeat that I represent the Genetics Policy Institute as an amicus curiae in support of the government in the case, and that some of what I say here will be adapted from my brief.
I ended my last post by noting that one of the points of disagreement between the majority and the dissent was about whether the word research could be understood to denote a “discrete project.” The majority concluded that the word as used in the Dickey-Wicker Amendment could in fact be understood in that way—an understanding under which the focus is on the specific work for which funding is sought:
NIH funding decisions are forward-looking, requiring the NIH to “determine whether what is proposed to be funded meets with its requirements.” Therefore, a grant application to support research that includes the derivation of stem cells would have to be rejected….The definition of research is flexible enough to describe either a discrete project or an extended process, but this flexibility only reinforces our conclusion that the text is ambiguous. [paragraph break deleted]