RESOURCES ON LAW & LINGUISTICS

Brigham Young University (BYU) Law School Corpus Websites
(free access, but all require registration using Gmail or Google account)
Corpus of Founding Era American English
Farrand’s Records (Records of the Federal Constitutional Convention of 1787)
Elliots Debates ( Debates in the Several State Conventions on the Adoption of the Federal Constitution)
Statutes at Large (laws passed by the United States Congress in chronological order -- currently includes the first five Congresses)
Caselaw Access Project (currently includes state cases from 1760 to 1799)
Corpus of Early Modern English
Corpus of the United States Supreme Court

BYU Law’s Law & Corpus Linguistics Project
-- BYU Law Review, Vol 2017, Issue 6 (Special Issue on Law & Corpus Linguistics)
----Table of Contents
----Digital Commons archive of articles
--Call for Papers: The Fifth Annual Law & Corpus Linguistics Conference (Brigham Young University   Feb 6-7, 2020) Deadline: October 1, 2019

Clark D. Cunningham, "Teaching lawyers about using corpus lingustics"(ppt) (Slides as pdf) (Presented September 21, 2018, 14th American Association for Corpus Linguistics Conference)

Seminar on Judicial Power, Georgia State University College of Law
-- Meredith Hobbs, Big Data Meets the Constitution in New Originalism Project: Georgia appellate judges evaluate cutting-edge inquiries
into what the Constitution's framers meant from Georgia State University law students (law.com Report, May 1, 2018)
-- Students Present New Insights on Original Meaning of Constitution to Judges using “Big Data” of Corpus Linguistics (GSU College of Law News, May 21, 2018)("It’s revolutionary,” Chief Judge Stephen Dillard of the Georgia Court of Appeals said of Georgia State Law students’ linguistic and historical research)
-- Fall 2019 Course website (taught by Clark Cunningham)

The original meaning of "cases" in Article III of the US Constitution

William Andrew Wright v. Stephen Spaulding, Warden (on appeal from N.D. Ohio) (6th Cir. Case 17-4257) (Judges Amul R. Thapar, Joseph Martin Hood & Eugene Edward Siler)
Letter from the court to lawyers for the parties requesting supplemental briefs on original meaning of the Article III Cases or Controversies requirement
(May 28, 2019) (asking "How does the corpus help inform that determination? See https://lcl.byu.edu/projects/cofea/.").
Respondent's Motion to extend time (June 4, 2019)
Appearance of Joshua K. Handell, US Dept of Justice, for Respondent (June 5, 2019)
Order granting motion to extend time until July 18, 2019, for parties to file supplemental briefs (June 6, 2019)
Petitioner's Supplemental Brief (July 18, 2019)
Respondent's Supplemental Brief (July 18, 2019)
Amicus appearance filed for Law & Linguistics Research Team (July 25, 2019)
Motion to file amicus brief (July 25, 2019)
Amicus brief filed by Law & Linguistics Research Team (July 25, 2019)
-- Excerpt of 35 cases of the phrase "such other + noun" taken from a random sample search of the Corpus of Founding Era American English. (These cases represent all the examples from the random sample drawn from either Founders Online or Evans Early Imprint. These sources were selected for the excerpt because of the ease of viewing the full text through the URL provided in each line.)
Order granting motion to file amicus brief and directing the amici to file a further supplemental brief no later than August 15, 2019 (August 2, 2019)


The original meaning of "emolument" in the US Constitution

Clark D. Cunningham & Jesse Egbert, Scientific Methods for Analyzing Original Meaning: Corpus Linguistics and the Emoluments Clauses
This paper was published on the Social Science Research Network on February 12, 2019, and can be downloaded at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3321438
It can also be downloaded directly from this website: click here
Table of Contents

On-line appendix
The research described in this paper was submitted to the U.S. Court of Appeals for the 4th Circuit on January 29, 2019, as a friend of the court (amicus) brief in support of neither party, in the case of In Re Trump, Case No. 18-2486 [appeal from District of Columbia v Trump, 315 F.Supp.3d 875 (D.Md. 2018)]. Oral argument was held on March 19, 2019. Download amicus brief as pdf. On July 10, 2019, the court of appeals issued a decision reversing the district court on the issue of standing and ordered the case to be dismissed without addressing the President's motion to dismiss on the grounds that revenue from the Trump Hotel was not an "emolument" within the meaning of the Constitution. In re Trump, No. 18-2486, __ F.3d ___, 2019 WL 2998602 (4th Cir. July 10, 2019).

Media coverage of Cunningham & Egbert amicus brief on original meaning of "emolument"
Law Journal Editorial Board, On Language, Lawyers and Judges Don't Have All the Answers (March 22, 2019)
Aaron Blake, A big Trump case hinges on the definition of ‘emoluments.’ A new study has bad news for him (Washington Post Jan 29, 2019)
Amelia Thomson-DeVeaux, How Two Arcane Clauses In The Constitution Could Expose Trump’s Businesses  (FiveThirtyEight    March 18, 2019)
Elie Mystal, Emoluments Amicus Fitting To Turn Originalists Into Hypocrites, Again (Above the Law  Jan 29, 2019)

Cases using or discussing corpus-based linguistic analysis

In the Matter of the Adoption of Baby E.Z., 266 P.3d 702, 715-32 (Utah 2011) (Lee, J. concurring)
State v. Rasabout, 356 P.3d 1258, 1271-90 (Utah 2015) (Lee, A.C.J. concurring)
People v. Harris, 885 N.W.2d 832 (Mich. 2016)
Fire Ins. Exch. v. Oltmanns, 416 P.3d 1148, 1163 n.9 (Utah 2018) (Durham, J. concurring)
Carpenter v. United States, 138 S.Ct. 2206, 2235, 2238-39 (2018) (Thomas, J. dissenting)

Wilson v Safelite Group, Inc., Case No. 18-3408 (6th Cir. July 10, 2019)
-- Concurring opinion by Judge Amul R. Thapur, slip op. 13-22 ("corpus linguistics is a powerful tool for discerning how the public would have understood a statute's text at the time it was enacted")
-- Concurring opinion by Judge Jane B. Stranch, slip op. 23-26 ("the use of corpus linguistics is a difficult and complex exercise ... I would leave this task to qualified experts, not to untrained judges and lawyers. See, e.g., Brief for Professor Clark D. Cunningham, et al. as Amicus Curiae on Behalf of Neither Party, In Re: Donald J. Trump, President of the United States of America, No. 18-2486 (4th Cir. Jan. 29, 2019) (discussing use of corpus linguistics by professor of applied linguistics to help determine the meaning of "emoluments" during the founding era).” )

Caesars Entertainment Corp. v Int'l Union of Operating Engineers, Case No. 18 2465, slip op. at 7-8 (3rd Cir. Aug 1, 2019) (using data from Corpus of Historical American English regarding use of "previously")


Articles by Clark Cunningham on law and linguistics

"A Linguistic Analysis of the Meanings of 'Search' in the Fourth Amendment: A Search for Common Sense," 73 Iowa Law Review 541-609 (1988).
"Plain Meaning and Hard Cases," 103 Yale Law Journal 1561-1625 (1994) (with Judith N. Levi, Georgia M. Green, and Jeffrey P. Kaplan) (cited 114 S.Ct. 1259, 1264; 114 S.Ct. 1793, 1806; 114 S.Ct. 2251, 2255)
-- Marcia Coyle, High Court Relies on Linguistic Sleuths in Case (National Law Journal April 11, 1994)
-- Justice Ruth Bader Ginsburg: "If law journal citations in Supreme Court opinions are less numerous than they once were, it may be because some in the academy are writing on topics or in a language ordinary judges and lawyers do not comprehend. But articles accessible and useful to judges remain in vogue. Last Term, for example, a Yale Law Journal article sensibly discussing "Plain Meaning and Hard Cases" received credit lines in three Supreme Court opinions (two of them mine)." Communicating and Commenting on the Court's Work, 83 Georgetown Law Journal 2119, 2127 (1995)
Introduction: Northwestern University-Washington University Law and Linguistics Conference, 73 Washington University Law Quarterly 785-798 (1995)
"Bringing Linguistics into Judicial Decisionmaking," 2 Forensic Linguistics: The International Journal of Speech, Language, and the Law 81-98 (1995) (with Jeffrey P. Kaplan, Georgia M. Green, and Judith N. Levi) (1995)
"Using Common Sense: A Linguistic Perspective on Judicial Interpretations of 'Use a Firearm'," 73 Washington University Law Quarterly. 1159-1214 (1995) (with Charles J. Fillmore)

Articles on Law and Corpus Linguistics

Stephanie H. Barclay, Brady Early & Annika Boone, Original Meaning and the Establishment Clause, 61 Ariz. L. Rev. ___ (forthcoming 2019) (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3295239)
Barton Bebe & Jeanne C. Fromer, Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion, 131 Harv. L.Rev. 945 (2018)
Jacob Crump, Corpus Linguistics in the Chevron Two-Step, 2018 BYU L.Rev. 399 (2018)
Edward Finegan, Comments on James C. Phillips & Jesse Egbert, Advancing Law & Corpus Linguistics , 2017 BYU L.Rev. 1297 (2017)
Neal Goldfarb, A Lawyer's Introduction to Meaning in the Framework of Corpus Linguistics, 2017 BYU L.Rev. 1359 (2018)
Stefan Th. Gries & Brian Slocum, Ordinary Meaning and Corpus Linguistics, 2017 BYU L.Rev. 1417 (2017)
James A. Heilpern, Temporary Officers, 26 Geo. Mason L.Rev. No. 3 (forthcoming 2019) (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3281292)
Carissa Bryne Hessick, Corpus Linguistics and the Criminal Law, 2017 BYU L.Rev. 1503 (2017)
Thomas R. Lee & Stephen C. Mouritsen, Judging Ordinary Meaning, 127 Yale L.J. 788 (2018)
Thomas R. Lee & James C. Phillips, Data-Driven Originalism, 167 U. Pa. L.Rev. 261 (2019)
Jake Linford, Datamining the Meaning(s) of Progress, 2017 BYU L. Rev. 1531 (2018)
Jennifer L. Mascott, Who are "Officers of the United States"?, 70 Stan. L.Rev. 443 (2018)
Jennifer L. Mascott, The Dictionary as Specialized Corpus, 2017 BYU L. Rev. 1557 (2018)
Stephen C. Mouritsen, The Dictionary is Not a Fortress: Definitional Fallacies and a Corpus-Based Approach to Plain Meaning, 2010 BYU L.Rev. 1915 (2010)
Stephen C. Mouritsen, Hard Cases and Hard Data: Assessing Corpus Linguistics as an Empirical Path to Plain Meaning, 13 Col. Sci. & Tech. L.Rev. 156 (2012)
Stephen C. Mouritsen, Corpus Linguistics in Legal Interpretation: An Evolving Interpretive Framework, 6 Int'l J. Lang. & Law 67 (2017)
Stephen C. Mouritsen, Contract Interpretation with Corpus Linguistics, 94 Wash. L. Rev. (forthcoming 2019)
Daniel Ortner, The Merciful Corpus: The Rule of Lenity, Ambiguity and Corpus Linguistics, 25 B.U. Pub. Int. L.J. 101 (2016)
James C. Phillips, Daniel M. Ortner & Thomas R. Lee, Corpus Linguistics & Original Public Meaning: A New Tool to Make Originalism More Empirical, 126 Yale L.J.F. 20 (2016)
James Cleith Phillips & Sara White, The Meaning of the Three Emolument Clauses in the U.S. Constitution: A Corpus-Linguistic Analysis of American English from 1760-1799, 59 S.Tex.L.Rev. 181 (2017)
James C. Phillips & Jesse Egbert, Advancing Law and Corpus Linguistics: Importing Principles and Practices from Survey and Content-Analysis Methodologies to Improve Corpus Design and Analysis, 2017 BYU L.Rev. 1589 (2017)
James C. Phillips, Benjamin Lee & Jacob Crump, Corpus Linguistics and “Officers of the United States”, 42 Harv. J. L. & Pub. Pol’y 871 (2019)
John D. Ramer, Corpus Linguistics: Misfire or More Ammo for the Ordinary-Meaning Canon?, 116 Mich. L.Rev.303 (2017)
Lawrence M. Solan, Can Corpus Linguistics Help Make Originalism Scientific?, 126 Yale L.J.F. 57 (2016)
Lawrence M. Solan and Tammy Gales, Corpus Linguistics as a Tool in Legal Interpretation, 2017 BYU L. Rev. 1311 (2018).
Lawrence B. Solum, Triangulating Public Meaning: Corpus Linguistics, Immersion, and the Constitutional Record, 2017 BYU L.Rev. 1621 (2018) (http://ssrn.com/abstract=3019494)
Lee J. Strang, How Big Data Can Increase Originalism's Methodological Rigor: Using Corpus Linguistics to Reveal Original Language Conventions, 50 U.C. Davis L. Rev. 1181 (2017)
Lee J. Strang, The Original Meaning of Religion in the First Amendment: A Test Case of Originalism's Utilization of Corpus Linguistics, 2017 BYU L.Rev. 1683 (2017)

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