Is a Bumblebee a Fish? How Linguistics Can Help Lawyers Interpret the Law

Is a bumblebee a fish? This question, explored in a recent California ruling, exemplifies the importance of deciphering linguistics in interpreting the law. On this topic, the Appellate Practice Section of the San Diego County Bar Association hosted a Web CLE course on October 28, 2022, entitled: “Corpus Linguistics as a Tool for Appellate Advocacy.” The featured presenters were Tammy Gales, Associate Professor of Comparative Literature, Languages, and Linguistics at Hofstra University, and James Heilpern, Esq., Senior Fellow of Law & Corpus Linguistics at Brigham Young University Law School. The course focused on historic and ongoing issues with the traditional approach to linguistics in the law and how the use of corpus linguistics — the study of language through “corpora” or large bodies of data showing how words are used in a real-life context — provides judges and lawyers useful tools for statutory interpretation and appellate argument that more efficiently achieves the goal of having uniformity between the legal and textual meaning of language. Read More

Tips from the Bar: Lara Worm

After 10 years as a federal prosecutor, Lara Worm pivoted from law and co-founded Bivouac Ciderworks, a hard cider taproom and restaurant in North Park. Read More

Tips from the Bench: Judge Daniel Goldstein

Walking into Department 1102 to appear before Judge Daniel Goldstein feels like someone is greeting you with a smile and a firm handshake. In the new courthouse the ceilings are high, the clerks and bailiffs get along well, and there are plants around to provide a uniquely San Diego feel. But when court is in session, the hard work begins. Judge Goldstein maintains this respectful atmosphere in his courtroom as he has throughout his life. Read More

Message from the Vice Chair

Greeting NLD Members, 

Stephanie Pengilley here, your vice chair. I am looking forward to becoming the division’s chair in just a few short months. This year NLD has put on many successful and educational events. September was not short of events. Early in the month NLD hosted a speed networking event, where members were able to network with senior attorneys. At the end of the month, NLD co-sponsored a “Pathways to Careers in Criminal Law” panel with the Criminal Law Section. Speakers presented several opportunities on how to obtain jobs the criminal law field. By collaborating with other sections NLD has been able to offer more events to its members this year. Read More

Consider Post-Conviction Criminal Relief

When I passed the bar in 2009, the economy was in deep recession, and the public defender’s office where I had hoped to work (and most such offices statewide) froze hiring. I hung out my shingle, temporarily, I thought. Thirteen years later, I have always worked for myself, never straying from my mission of defending the criminally accused. I have helped over 150 incarcerated folks, mostly lifers in California prisons, gain their freedom. I’ve guided hundreds more along their journey towards freedom. Read More

Assembly Bill 2644: Juvenile Interrogations Reform Bill

Picture this: you are cruising down California Highway 163 on a clear morning with your windows down, music blasting. You are driving to the gym, trying to hype yourself up for a killer workout to kick off the morning. Then, suddenly, you look in your rear-view mirror and see bright red and blue lights flashing. Your heart suddenly drops out of your chest and you quickly lower the music. Many thoughts race through your head: what did you do? What will the police officer say to you? And what can you do to expedite this unpleasant encounter as quickly as possible? The officer starts by asking you, “Do you know why I pulled you over?” You feel pressured to answer quickly and honestly. For most people, these series of questions come rapid-fire before you are sent on your way with a court date for a traffic infraction. The whole encounter feels like a blur, but you go on about your day. Read More