Linguistic Battles in Trademark Disputes


Book Description

Battles over knowledge, authority, and power are often fought when two different fields address the same issues. This book takes an important step towards showing how quite different fields, law and linguistics, can work together effectively in trademark cases. After presenting the basics of each field, readers are shown how linguistics was used in ten trademark lawsuits, five of which had opposing linguists on each side. Finally, helpful suggestions are given to both linguists and lawyers.




Fighting over Words


Book Description

Most people fight over something or other and language is usually at the very center of the conflict. Often the way we use language is the cause of the battle. There are many areas in which fighting about language can be observed but civil law cases offer the most fertile examples of this warfare over words. What did the contract actually say? Was there deception in the advertising? Was the warning label clear and effective? Did the company evidence race or age discrimination against employees or customers? Was one company's name too similar to that of another company? Did the corporation plagiarize the work of another? Did it fraudulently represent what its work? This book is about the ways linguistic analysis describes, exposes, and aids disputes in 18 civil cases where language framed the battleground. Roger Shuy, a well-known forensic linguist and consultant, shows how the skills of linguistic analysis can help resolve disputed meanings, while also showing how civil cases can prove to be fertile ground for linguistic scholarship. He does this by collecting and analyzing cases involving contracts, trademark disputes, advertisements, product liability, copyright infringement, discrimination, trademark disputes, and fraud controversies. In each case he employs all the tools of formal linguistics to show how it can be as helpful as other physical sciences in resolving legal disagreements. The work will be of interest primarily to linguists -- sociolinguists, forensic linguists, and scholars and students of law and society -- as well as lawyers and law students.




Dimensions of Forensic Linguistics


Book Description

This volume functions as a guide to the multidisciplinary nature of Forensic Linguistics understood in its broadest sense as the interface between language and the law. It seeks to address the links in this relatively young field between theory, method and data, without neglecting the need for new research questions in the field. Perhaps the most striking feature of this collection is its range, strikingly illustrating the multi-dimensionality of Forensic Linguistics. All of the contributions share a preoccupation with the painstaking linguistic work involved, using and interpreting data in a restrained and reasoned way.




The Language of Defamation Cases


Book Description

Slander and libel cases are largely about how one party uses language in ways that are claimed to defame one another. Linguistic expertise can be central to the case. In The Language of Defamation Cases, Roger W. Shuy describes eleven representative lawsuits--involving newspapers, television stations, religious leaders, physicians, teachers, entertainers, unions, insurance companies, and manufacturers--for which he served as a consultant. Shuy's linguistic analysis illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, intentionality, and malicious language affected the outcome of these cases. The Language of Defamation Cases shows how linguistics can be used to help resolve libel and slander cases. It will appeal to students and scholars of applied linguistics and forensic linguistics.




Speaking of Crime


Book Description

Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter? Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved. With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.




The Routledge Handbook of Forensic Linguistics


Book Description

The Routledge Handbook of Forensic Linguistics offers a comprehensive survey of the subdiscipline of Forensic Linguistics, with this new edition providing both updated overviews from leading figures in the field and exciting new contributions from the next generation of forensic linguists. The Handbook is a unique work of reference to the leading ideas, debates, topics, approaches and methodologies in forensic linguistics and language and the law. It comprises 43 chapters, including entirely new contributions from many international experts, in the areas of Aboriginal claimants, appraisal and stance, author identities online, biased language in capital trials, corpus approaches, false confessions, forensic phonetics, forensic transcription, the historical courtroom, legal interpretation, multilingual law, police crisis negotiation, speaker profiling, and trolling. The chapters include a wealth of examples and case studies so the reader can see forensic linguistics applied and in action. Edited and authored by the world’s leading academics and practitioners, The Routledge Handbook of Forensic Linguistics is a vital resource for advanced students, researchers and scholars, and will also be of interest to legal, law enforcement and security professionals.




Encyclopedia of Language and Linguistics


Book Description

The first edition of ELL (1993, Ron Asher, Editor) was hailed as "the field's standard reference work for a generation". Now the all-new second edition matches ELL's comprehensiveness and high quality, expanded for a new generation, while being the first encyclopedia to really exploit the multimedia potential of linguistics. * The most authoritative, up-to-date, comprehensive, and international reference source in its field * An entirely new work, with new editors, new authors, new topics and newly commissioned articles with a handful of classic articles * The first Encyclopedia to exploit the multimedia potential of linguistics through the online edition * Ground-breaking and International in scope and approach * Alphabetically arranged with extensive cross-referencing * Available in print and online, priced separately. The online version will include updates as subjects develop ELL2 includes: * c. 7,500,000 words * c. 11,000 pages * c. 3,000 articles * c. 1,500 figures: 130 halftones and 150 colour * Supplementary audio, video and text files online * c. 3,500 glossary definitions * c. 39,000 references * Extensive list of commonly used abbreviations * List of languages of the world (including information on no. of speakers, language family, etc.) * Approximately 700 biographical entries (now includes contemporary linguists) * 200 language maps in print and online Also available online via ScienceDirect – featuring extensive browsing, searching, and internal cross-referencing between articles in the work, plus dynamic linking to journal articles and abstract databases, making navigation flexible and easy. For more information, pricing options and availability visit www.info.sciencedirect.com. The first Encyclopedia to exploit the multimedia potential of linguistics Ground-breaking in scope - wider than any predecessor An invaluable resource for researchers, academics, students and professionals in the fields of: linguistics, anthropology, education, psychology, language acquisition, language pathology, cognitive science, sociology, the law, the media, medicine & computer science. The most authoritative, up-to-date, comprehensive, and international reference source in its field




The Oxford Handbook of Language and Law


Book Description

This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal language, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopaedic in scope, the handbook includes chapters written by experts from every contentint who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.




An Introduction to Forensic Linguistics


Book Description

An Introduction to Forensic Linguistics: Language in Evidence has established itself as the essential textbook written by leading authorities in this expanding field. The second edition of this bestselling textbook begins with a new introduction and continues in two parts. Part One deals with the language of the legal process, and begins with a substantial new chapter exploring key theoretical and methodological approaches. In four updated chapters it goes on to cover the language of the law, initial calls to the emergency services, police interviewing, and courtroom discourse. Part Two looks at language as evidence, with substantially revised and updated chapters on the following key topics: the forensic linguist forensic phonetics authorship attribution the linguistic investigation of plagiarism the linguist as expert witness. The authors combine an array of perspectives on forensic linguistics, using knowledge and experience gained in legal settings – Coulthard in his work as an expert witness for cases such as the Birmingham Six and the Derek Bentley appeal, and Johnson as a former police officer. Research tasks, further reading, web links, and a new conclusion ensure that this remains the core textbook for courses in forensic linguistics and language and the law. A glossary of key terms is also available at https://www.routledge.com/products/9781138641716 and on the Routledge Language and Communication Portal.




The Routledge Handbook of Corpus Linguistics


Book Description

Provides an overview of a dynamic and rapidly growing area with a widely applied methodology. This handbook covers the historical development of the field and its growing influence and application in other areas. It is suitable for advanced undergraduates and postgraduates.