Michael Moritz, Ausländer

Michael Moritz grew up in Wales as the son of Jews who left Germany in the 1930s but many of whose relatives did not escape the holocaust. He was diagnosed with a genetic form of cancer whose risk is greater for male Ashkenazi Jews. This perhaps concentrated his interest in the experiences and emotional life of his parents, which he had little considered when he was growing up. The book is an investigation of his history and life as a Jew.

There is a good extract at Granta.

The threat that so rapidly materialized in 1930s Germany is reflected for Moritz in Trump’s America. What he had heard as a young boy whenever his parents sensed disturbing political trends:

If it did happen, it can happen.
If it did happen, it will happen.
If it did happen somewhere, it can happen here.
It will happen here.

He is applying for German citizenship. One reason is the increasing anti-semitism in the UK, another the access to other EU countries he enjoyed before Brexit.

Part of it reminded me of Uwe Wittstock, Februar 33. Der Winter der Literatur, which shows how the literary life of Germany in Weimar was aggressively attacked in a period of a few weeks.

Amerikaner/black and white cookies

I always thought Amerikaner were a German thing and wondered where they got their name from, but it turns out they are a New York cookie (via smitten kitchen).

 


 

(Image by Ben Orwoll, public domain)

Amerikaner certainly used to be made with a form of ammonium carbonate called Hirschhornsalz (Salt of Hartshorn/baker’s ammonia) in German. This is widely sold in Germany, especially at this time of year. I saw it being used by London Eats, who posts Christmas cookies from abroad at this time of year:  Fedtebrød.

If you don’t want to make do with baking powder or bicarbonate of soda, the German Deli sells Hirschhornsalz, and also potash and Lebkuchen spice.

LAWnLinguistics blog on corpus linguistics

I have already given a link to Neil Goldfarb’s weblog LAWnLinguistics – Not about the linguistics of lawns, but that was only in passing. My post then was about Goldfarb’s use of corpus linguistics in an amicus curiae brief to the U.S. Supreme Court.

The latest post, dated today, is Words, Meanings, Corpora: A Lawyer’s Introduction to Meaning in the Framework of Corpus Linguistics. He writes:

On Friday I will be presenting a paper at a conference at Brigham Young University Law School on law and corpus linguistics. Here is the description from the conference website:
‘Building on the 2016 inaugural Law and Corpus Linguistics Conference, the 2017 BYU Law Review Symposium, “Law & Corpus Linguistics” brings together legal scholars from across various substantive areas of scholarship, prominent corpus linguistics scholars, and judges who have employed corpus linguistics analysis in their decisions.’

That’s quite a coincidence because on the same date there is a talk at IALS A Practical Workshop on using Corpus Linguistics for Law by Dr Gianluca Pontrandolfo.

Goldfarb wants to show lawyers how to judge the meaning of words, and Pontrandolfo’s workshop is said to be of interest not only to legal translators but to those analysing legal language for other purposes.

Anyway, the weblog has a great number of interesting links. It was pretty new when I first linked to it.

With thanks to Stan Carey on Twitter.

The Bluebook and copyright

In ‘Bluebook’ Critics Incite Copyright Clash , The Wall Street Journal Law Blog reports that some ‘legal activists’ are planning to post online what they call a simpler, free alternative. This may or may not be called Baby Blue.

The activists (Carl Malamud and Christopher Jon Sprigman) have received a letter from the Harvard Law Review’s lawyers claiming copyright infringement if they use a title with ‘blue’ in it. But the copyright objections will apparently extend to the work itself.

The book is expected to be published in early 2016 in an editable form.

Messrs. Malamud and Sprigman’s effort could resonate with some in the legal community. The Bluebook has its critics, including Judge Richard Posner, who wrote an entire law journal essay** arguing that the 511-page manual exemplifies “hypertrophy,” a word “used mainly to denote a class of diseases in which an organ grows to an abnormal size.”

** Richard A. Posner, The Bluebook Blues (reviewing Harvard Law Review Association, The Bluebook: A Uniform System of Citation (19th ed., 2010)),” 120 Yale Law Journal 852 (2011). (PDF)

A quote from the Posner essay:

Many years ago I wrote a review of The Bluebook, then in its sixteenth edition. My review was naively entitled “Goodbye to the Bluebook.” The Bluebook was then a grotesque 255 pages long. It is now in its nineteenth
edition-which is 511 pages long.
I made a number of specific criticisms of The Bluebook in that piece, and I will not repeat them. I don’t believe that any of them have been heeded, but I am not certain, because, needless to say, I have not read the nineteenth edition. I have dipped into it, much as one might dip one’s toes in a pail of freezing water. I am put in mind of Mr. Kurtz’s dying words in Heart of Darkness – “The horror! The horror!” -and am tempted to end there.

Sharon Byrd

I was sorry to hear that Sharon Byrd died last year – in March 2014 in fact. She was only a couple of weeks younger than me. I completely missed it but I hadn’t been in touch for years. I copy below her bio on the Beck Verlag website. (By the way, you can see forthcoming publications there and I see that new editions of Dietl Lorenz in both DE>EN and EN>DE are announced for 2016).

When I was teaching various classes on English law, legal English and translation at the Instit für Fremdsprachen und Auslandskunde in Erlangen, Sharon was teaching legal English and US law at the university there, and she let my students come to her classes. I sat in once and watched her technique of getting the law students to argue about whether it was acceptable to throw out evidence because it had been gathered in an unreliable way. Although she was particularly interested in criminal law – she taught everything – her greatest interest was Kant. I was impressed and envious of her knowledge of philosophy, and quite incapable of understanding what she and her husband wrote on Kant and criminal law. Her first degree was in philosophy.

Sharon also taught at Augsburg and later for some years at Jena, where she helped her students to great success in moot court competitions.

There’s an obituary (PDF) by Heather M. Roff in the Newsletter of the North American Kant Society.

Prof. Dr. B. Sharon Byrd

Tätigkeitsschwerpunkte

• Angloamerican Jurisprudenc
• Angloamerican law
• Rechtsenglisch (USA)

Weitere Tätigkeiten

1996 Hon.-Prof. Univ. Erlangen

Studium

Studium Rechtswissenschaft, Philosophie

Beruflicher Werdegang

• 1969 B. A. Smith College-Department of Philosophy Northhampton Massachusetts/USA
• 1972 J. D. Univ. of California Los Angeles
• 1987 LL. M., 1991 J. S. D. Columbia Univ. New York
• Prof. Univ. Jena
• Leiterin Law & Language Center Univ. Jena

Veröffentlichungen

• Einführung in die anglo-amerikanische Rechtssprache 1997, 2. A. 2001
• Anglo-Amerikanisches Vertrags- und Deliktsrecht 1998
• Romain Alfred/Bader Hans Anton/Byrd Sharon B. Wörterbuch der Rechts- und Wirtschaftssprache Teil 1 Englisch-Deutsch, 5. A. 2000
• Romain Alfred/Byrd Sharon B./Thielecke Carola Wörterbuch der Rechts- und Wirtschaftssprache Teil 2 Deutsch-Englisch, 4. A. 2002

The German media on the US legal system

Andrew Hammel has a suspicion that the German media are keen to find fault with what they believe to be the US justice system, while overlooking comparable shortcomings of the German justice system. Goodness gracious – is he allowed to publish that kind of thing?

Bleg: German News Coverage of Failures of German Justice

Andrew is looking for evidence in the German-language press:

So what I am looking for is articles in the German-language press by Germans which deal with potential justice problems in courts in German-speaking countries including:

(1) wrongful convictions;

(2) racial, ethnic, or religious disparities in conviction rates or sentencing;

(3) allegations of racial or ethnic or religious bias among German prosecutors and professional or lay judges;

(4) interviews with prisoners currently serving prison sentences in Germany who claim that they are completely innocent of the crimes of which they were convicted; and/or

(5) detailed examinations of systemic problems in German criminal justice or prisons, things such as underfunding, outdated regulations, disproportionate penalties, or the use of unreliable evidence.

And why behold you the speck that is in your brother’s eye, but consider not the beam that is in your own eye?