Forensic linguistics – what’s that?
Is a contract provision binding if its meaning is indeterminate or ambiguous?
At various places on this site, you’ll find somewhat abstract descriptions of the services I offer. But what kinds of cases do I actually get involved in? Examples follow (current cases excluded).
In three of my specialties, I’m about equally divided between Plaintiff and Defendant. In cases of alleged academic plagiarism, I represent the Defendant, who typically has not committed plagiarism, even by the university’s own rules. In cases of literary plagiarism, I represent Plaintiffs who believe that their work has been copied.
Can people disguise the way they write?
Can people deliberately fake their writing style?
By way of background…
Perhaps 25% of the cases I handle involve the authorship of anonymous, disputed, or forged documents. The client wants to know who’s writing those nasty, threatening emails or letters. I typically ask the client for writing samples from the suspected author. Sometimes there’s more than one suspect, and I have to decide which of them may be the author of the anonymous document(s).
Each writer has a distinctive pattern of linguistic features.
The following description is taken from an affidavit by Gerald R. McMenamin, one of the leading scholars in the field; the affidavit – from Case 1:10-cv-00569-RJA -LGF Document 50 Filed 06/02/11.
As part of his expert witness statement, McMenamin describes the theoretical and practical foundation of the method by which he examined documents and determined that they were not written by Facebook founder Mark Zuckerman. See http://www.nytimes.com/2011/07/24/opinion/sunday/24gray.html .
These are the principles I apply to my authorship analyses.
Principles of stylistic analysis
What is forensic stylistics? full post
(342 words, 1 image, estimated 1:22 mins reading time)
A forensic linguist who practices stylistic analysis must be exquisitely sensitive to nuances of text. Where a synonym exists, the very choice of each word represents a decision on the part of the author. Superimposed upon that is the way the word is spelled, abbreviated or capitalized. Truly, a text is a tangle of choices.
The following are intended to test your potential as a forensic linguist. There are two exercises from Forensic Linguistics: An Introduction to Language, Crime and the Law, by John Olsson (New York: Continuum, 2004).
(1) From page 193:
Linguists and lawyers
When does a lawyer need a linguist?
Roger Shuy, one of the most preeminent forensic linguists, notes that the interpretation and application of the law are overwhelmingly about language. Thus, there are many situations in which the expertise of a linguist – someone trained in the precise description and analysis of language (but not necessarily a person who knows many languages) – can make substantial contributions to a case. The linguist can provide evidence one way or the other. Or he/she can clarify the linguistic principles, problems, and processes that the case involves.
(1) Patent/copyright law.
When a Lawyer Needs a Linguist… full post
(949 words, 1 image, estimated 3:48 mins reading time)