Like most of my dean colleagues, I am in a constant search for new ways to expand the career opportunities of my students. We all aspire to arming our students with skill sets that differentiate our students in the job marketplace. This fall, Golden Gate University launched a new effort to assist its students in securing jobs in the technology sector by acquiring the prestigious McCarthy Institute. The Institute is jointly sponsored by the university’s law and business schools.

Golden Gate University’s location within a few block radius of the offices of many of the major tech companies—Facebook, Salesforce, LinkedIn, Twitter, Google, etc., — and the job growth in the sector made the choice an obvious one.

Golden Gate hired Professor David Franklyn, the director of the McCarthy Institute and an expert on IP and technology law, giving him a joint appointment in the schools of law and business.

The university’s professors and students work closely with technology companies and become experts on issues related to tech, law, and business. To give you a concrete example, a first research project for the McCarthy Institute at GGU is to determine how to value a trademark in technology companies.  The institute faculty will work with students in the law and business schools and a marketing professor from the University of Chicago (a member of the McCarthy Institute’s Board), with a goal of producing cutting-edge research.

Sponsors of the Institute range from law firms such as like Morrison and Foerster, legal publishers, such as Thomson West, tech companies, such as Google, and trademark associations such as the International Trademark Association.

The Institute is a significant augmentation of Golden Gate’s Center for IP and Privacy Law.  As many of you may know, the Center produces the IP Law Book Review, a frequently updated review of recently published books in the IP field.  Reviews are written by a panel of IP scholars and practitioners.

What did your law school do last week to celebrate Constitution Day? At McGeorge, students and faculty ate popcorn while viewing and discussing RBG, the documentary showcasing the challenges and achievements of Supreme Court Justice Ruth Bader Ginsberg. Meanwhile, BYU Law commemorated the signing of the Constitution by announcing the launch of its Law and Corpus Linguistics Technology Platform, including three new and historically significant corpora. This platform is designed to advance the field of law and corpus linguistics, a methodology that uses naturally occurring language in large collections of texts called “corpora” to help determine the meaning of words and phrases.

Because corpus linguistics is new to me, I rely below on the experts to explain it. (I do have a McGeorge colleague, Brian Slocum, who has published quite a bit in this area.)

Associate Chief Justice of the Utah Supreme Court Thomas Lee, who is teaching a class on law and language with an emphasis on principles of corpus linguistics at Harvard Law School explains, “Corpus Linguistics is new to the legal community, and it holds significant and largely unexplored value in the courtroom when evaluating ordinary meaning.” “When a case presents a problem of lexical ambiguity, corpus methods offer judges an approach that is empirical and transparent, rather than intuitive and opaque. Early judicial decisions employing this methodology have highlighted these benefits. It is exciting to hear of new developments that will make corpus linguistics more available and accessible to practicing attorneys, judges, students and scholars around the world.”

The new corpora will be especially useful to those who study the meaning of the Constitution. “The method of corpus linguistics, which employs large-scale data sets (corpora) that provide evidence of linguistic practice, provides an important tool for the recovery of the original public meaning of the constitutional text,” said Lawrence Solum, Professor of Law at Georgetown Law and an internationally recognized author and expert in constitutional theory.

Designed specifically for lawyers and scholars, the new Law and Corpus Linguistics Technology Platform for linguistic analysis includes:

  • The Corpus of Founding Era American English, which contains over 140 million words, allowing the user to examine context to see how words from the Constitution were used at the time of the founding (1750 – 1799). This resource provides judges with evidence for the original meaning of the Constitution, even though we are more than 200 years removed from its ratification.
  • The Corpus of Early Modern English, which contains more than 40,000 texts from 1485 to 1800.
  • The Corpus of Supreme Court of the United States contains more than 130 million words from 32,000 Supreme Court documents.

These resources are free and available to legal professionals, judges, scholars and the public.

The Law and Corpus Linguistics Technology Platform features a user-friendly interface offering the ability to search these corpora by terms and phrases with filters for year, primary author, genre (legal or non-legal document, court proceeding, speech, diary entry, novel, etc.) and source. The corpora also support collocation searches, which enable the user to gain insights into word meanings and relationships between words.

BYU has taken a leading role in advancing the field of law and corpus linguistics. In 2013, BYU Law offered the first course on law and corpus linguistics in the United States, taught by Stephen Mouritsen. In 2016, BYU Law organized the first academic conference on law and corpus linguistics in partnership with Georgetown Law, and BYU Law has continued to host an annual conference on the topic. Last year, BYU Law created two research fellowships dedicated to law and corpus linguistics. This fall, adjunct BYU Law professor and.

The 2019 AALS Annual Meeting will include a session focusing on corpus linguistics, Corpus Linguistics: The Search for Objective Interpretation on Saturday, January 5, 2019 from 1:30 pm – 3:15 pm. The Section sponsored on Law and Interpretation is sponsoring the session.

This week’s blog entry focuses on F.O.I., Fear of Innovation. While researching for another project, I came across the quotations listed below. Because they seemed so relevant to a blog focusing on innovation, I could not resist taking a one entry time out from my regular practice of writing about great law school innovations.

The quotes below reveal what I suspect we all have observed; educators have always been made a bit queasy by innovation. Given the breadth, depth, and ambition of the ideas I have had the opportunity to feature in this blog so far, it appears legal educators have chosen to feel the fear and move forward anyway.

I found all the quotes below in the book Rethinking Education in the Age of Technology: The Digital Revolution and Schooling in America by Allan Collins and Richard Halverson. The book was published in 2009 by Teachers College Press.  Quotes 1 and 2 are on page 30; Quotes 3 through 7 are on page 31.  The authors provide further background on the quotes in a footnote.

  1. From a principal’s publication in 1815: “Students today depend on paper too much.  They don’t know how to write on a slate without getting chalk dust all over themselves.  They can’t clean a slate properly.  What will they do when they run out of paper?”
  2. From the Journal of the National Association of Teachers, 1907: “Students today depend too much upon ink.  They don’t know how to use a pen knife to sharpen a pencil.  Pen and ink will never replace the pencil.”
  3. From Rural American Teacher, 1928: “Students today depend upon store bought ink.  They don’t know how to make their own.  When they run out of ink they will be unable to write words or ciphers until their next trip to the settlement.  This is a sad commentary on modern education.”
  4. From PTA Gazette, 1941: “Students today depend on these expensive fountain pens.  They can no longer write with a straight pen and nib. We parents must not allow them to wallow in such luxury to the detriment of learning how to cope in the real business world which is not so extravagant.”
  5. From Federal Teachers, 1950: “Ballpoint pens will be the ruin of education in our country.  Students use these devices and then throw them away.  The American values of thrift and frugality are being discarded. Businesses and banks will never allow such expensive luxuries.”
  6. From a fourth-grade teacher in Apple Classroom of Tomorrow Chronicles, 1987: “If students turn in papers they did on the computer, I require them to write them over in long hand because I don’t believe they do the computer work on their own.”
  7. From a science fair judge in Apple Classroom of Tomorrow Chronicles, 1988: “Computers give students an unfair advantage. Therefore, students who used computers to analyze data or create displays will be eliminated from the science fair.”

I hope these quotes have entertained you as much as they entertained me. I note that, in writing this blog post, I had the unfair advantage of using a computer.  Thankfully, no one is making me rewrite this post in long hand.