- Good grammar isn't just
a way to sound professional or feel morally superior in
all of those Facebook debates. The best way to feel superior
is to not participate in Facebook debates at all. But as American writer,
Robert Brault once quipped, "Do not be surprised when those who ignore "the rules of grammar,
also ignore the law. "After all the law is
just so much grammar." So, in answer to the
question who gives a (beep) about the Oxford comma? Well, I do. And, so do most lawyers. Matters of grammar, syntax and
yes even a misplaced comma, have changed the course of history. On more than one occasion,
a poorly placed comma has cost the US government and businesses millions of dollars. Other times, comma placement has literally cost people their lives. Such was the case of Sir Roger Casement, an Irish separatist convicted
of treason in Great Britain during World War I, who famously is said to have been quote, "hanged on a comma." But, more on that later. Now I know what you're thinking. Isn't this video just like
a half as interesting video? To which I say no, it's like
five half as interesting videos crammed together. Sue me. (upbeat music) - [Voiceover] Brought to you by audible. - Let's start off with the
case of the $2 million comma. Few days inspire more
anger and frustration here in the United States
than April 15th, Tax Day. (suspenseful music) But federal income taxes
as we know them today have only existed since
the early 20th century, following the ratification
of the 16th Amendment. Before that the US government
funded its operations a bit differently. And on July 4th, 1789, President George Washington
signed the Tariff Act of 1789, stipulating that duties would
be laid on quote, "goods, wares and merchandise" in order to quote, "support the government." Instead of taxing income, the government taxed imported
goods to fund its priorities. Now, you may know these as tariffs. And contrary to what president Trump says. Hm, sorry. Former president Trump. Man that's, it feels kind of good. Now, where was I? Oh yes. Contrary to what former
president Trump would say, Tariffs are not paid by
foreign companies or Chi-nah. Tariffs are taxes on
imported foreign goods paid by Americans. And for over a century after
our country's founding, these foreign import tariffs
served as the primary source of the US government's revenue, at times accounting for as much as 95% of the federal budget. And for an eight year
period beginning in 1862, the US government briefly
levied income taxes as part of a patriotic war effort to support the Union effort
against the Confederacy. But after the civil war, the
US returned to using tariffs to fund the majority of
government operations. So, enter president Ulysses S. grant who signed the Tariff Act of 1872, which sought to ease the
burden on the economy by exempting a variety
of goods from tariffs. And that brings us to how one typo cost the US government $2 million, or approximately, $42
million in today's dollars. And, quick aside, since
we're talking about typos and commas, Grant was actually born Hiram Ulysses grant, but he owes his name
Ulysses S grant to a typo, when a Congressman nominated grant to become a candidate for
West Point Military Academy, due to a typo he accidentally
recommended Ulysses S. grant. And when Grant got to West point, he registered as Ulysses Hiram Grant, likely due to concern of being made fun of for having his initials spelled H.U.G. Yeah, the guy likes a hug. But eventually he started
going by Ulysses S. Grant. Like I said, typos can literally change the course of history. But, back to what you all came here for, Hardcore Typographical Syntax, and a history lesson on US tariff laws. Now, all prior tariff acts
had included a list of goods that were generally
exempt from being taxed upon importation to United States. Among these exempt items were quote, "fruit plants, tropical and semi-tropical "for the purpose of
propagation or cultivation." Notice fruit plants refers to the plants not the fruit itself. Buying fruit used to be quite expensive. The 1870 Tariff Act levied a duty of 20% on oranges, lemons,
pineapples, and grapes, and a duty of 10% on limes, bananas, and essentially all other fruit. Fruit was a very popular import item, and thus fruit tariffs represented a not insubstantial portion
of the federal budget. And in the 1872 Tariff Act revision, There was a rather unfortunate
and costly drafting error. The list of exemptions
in the 1872 Tariff Act was supposed to read fruit-plants, with a hyphen in between, but instead the Statute red fruit, plants. So with fruits, plants replacing fruit - plants. Again, I don't know
how we can cover such a sexy, sexy topic as this. - I do what I want. - The importers argue that
the Act of 1872 now allowed free entry of all tropical
and semi-tropical fruits, filing refund claims
from the US government immediately upon arrival
of fruit shipments. The Secretary of the Treasury
initially rejected this claim arguing that the grammatical error was clearly intended to read otherwise, importers, hoping to take
advantage of this loophole, filed a series of lawsuits, and once it was clear that
the Treasury Department's arguments would not hold up in court, the treasury relented. And in December 1874, two years
after the unfortunate typo, the US government agreed that
imported fruits were tax-free, under the 1872 Act, and all taxes collected on
imported fruit was refunded, $2 million worth. That typo would end up
costing the US government $2 million in revenue which
was approximately $42 million in 2021 dollars. And that represented 1.3%
of the entire government's total tariff income, and 0.65% of the entire federal budget. Needless to say, this case was bananas. Now, there are certain
topics that you just simply don't talk about in polite company. Religion, politics, money. But not even these
topics are as polarizing as the Oxford comma,
which ended up costing one Maine dairy company $5 million. And if you see someone who
is not using an Oxford comma, please call 911. That monster has to be
reported to the authorities. So, what is an Oxford comma? Well, in a list of three or more items, such as lions, tigers, and bears, Oh my. Those who ascribed to
the Oxford comma rule would place a comma after tigers, while others would simply
write lions, tigers and bears, without the second comma. And apparently the internet
is very, very divided on the Oxford comma. Half of the internet likes to be wrong. - What would you do with
the brain if you had one? - So, why does the Oxford comma matter? Well, the presence or
absence of the Oxford comma can completely change the
meaning of a sentence. For example, if I say, "For my birthday, "I went out to dinner with my parents, "Bill Clinton, and George W. Bush." That means I had a riveting night out with my mom, my dad, and
two former presidents. However, if I say, "I went
out to dinner with my parents "Bill Clinton and George W. Bush." That just raises all kinds
of uncomfortable questions. Like, why weren't my two
presidential dads around for me more growing up. I guess they had a
country to run but still, they could've come to at least
one of my baseball games, and give me a ride to school
in the Marine One Helicopter. I'll tell you, the
holidays were no picnic. They were extremely divided I guess I have some things to work out with my imaginary parents. Anyway, so here's how
a missing Oxford comma cost the Oakhurst Dairy in
Portland Maine $5 million. In 2014 truck drivers for the
Maine Milk and Cream Company filed a $10 million class-action lawsuit alleging Oakhurst had failed
to pay them owed overtime. At the time, main law required
time and a half payment for each overtime hour. But it carved out overtime exceptions for those who perform
the following duties. Quote, "The canning, processing,
preserving, freezing, "drawing, marketing,
storing, packing for shipment "or distribution of agricultural produce, "meat and fish products,
and perishable foods." So, what's the problem here? Well the dispute turns on just
one word or, in the phrase "shipment or distribution"
or specifically, or in the absence of an Oxford comma. And, why does this matter? Well here's how NPR's Colin
Dwyer explained it back in 2017. "The presence of that tiny
conjunction without a comma "as a companion, makes
for some muddled meanings. "Is packing for shipment or distribution "exempt from overtime regulations? "Or are both packing in shipment
and distribution exempt?" These aren't idle questions
for the five delivery drivers who sued Oakhurst,
because as court's notes, the drivers do distribute but they do not pack the perishable foods. In other words, one
interpretation of the laws list, would make the drivers
eligible for overtime pay. The other would mean, they
won't get those extra dollars for extra time on the job. So in this lawsuit, the
delivery drivers argued that the quote "packing for
shipment or distribution" refers to the single activity of packing, regardless of whether the
packing is for shipment or for distribution. And since the drivers
handle perishable food but do not engage in packing them, they argue that they are not
exempt workers under the law. In response, Oakhurst
countered that the phrase "packing for shipment or distribution," refers to two distinct exempt activities. The first being the packing for shipment and the second being distribution. Since the truckers do engage in the distribution of dairy products, which are perishable foods, the truckers are exempt from overtime pay. A federal court in Maine
agreed with Oakhurst ruling that under state law, the drivers were not
entitled to overtime pay. And the court concluded
that the Maine Legislature intended to describe two
distinct exempt opportunities, and there was no dispute
that the truckers do engage in the distribution of dairy products. But a three judge panel on the First Circuit
Court of Appeals disagreed and reversed the lower courts decision. Judge David Barron
opened the 29 page ruling saying that quote, "For want of a comma, "we have this case." The court reasoned that
the lack of an Oxford comma between shipment and quote,
"or distribution of," meant that both the phrases referred back to the singular activity packing, and since the drivers deliver
products but don't pack them, they were not covered
by the main exemption for overtime pay. Judge Barron concluded
that the lack of a comma made the Statute ambiguous, and under the rules of
interpreting Statutes, any ambiguity must be construed liberally. And as a result the court unanimously sided with the drivers,
sending the case back down to the lower court. And shortly thereafter, the
parties settled for $5 million. Afterwards, the Maine
legislature stepped in and addressed the punctuation issue. But, I think they might
have overcompensated just a little bit. Take a look at how the law is written now. "The canning; processing; preserving; "freezing; drawing; marketing; storing; "packing for shipment; "or distributing of: "sub one agricultural produce; "sub two meat and fish products; "and sub three perishable foods." And when asked about replacing
all of the punctuation with semi-colons, the
Maine legislature said, "No comma." All right, that takes us to the third And potentially most
important comma in History. As Sir Roger Casement
said quote, "God deliver "from such antiquaries is these "to hang a man's life upon a comma "and throttle him with a semi-colon." When a lawyer takes a client's defense, particularly one punishable by death, the best strategy is to force
the state to prove their case and avoid making any damaging
admissions on your end. But that doesn't always go as planned, particularly when you have a client like Sir Roger casement. Charged with high treason against England during World War I. Not only did he refuse to deny the underlying charges against him, but Sir Roger, an Irish separatists, wanted to give a passionate speech explaining why his purported treason, in the name of Irish independence,
was morally justified, even during World War I. Seeking to prevent his client from making the state's case for him, Sir Roger's lawyer, in what might have been a
miscalculation of legal strategy, rested his client's defense
primarily on punctuation, namely the interpretation of a comma in the underlying treason Statute. And prior to his arrest for treason, Roger Casement was a
highly respected diplomat, described as the father of 20th century human
rights investigations. He became Sir Roger Case when
upon being knighted in 1911, for detailing Belgian colonial atrocities and human rights abuses in Peru. And despite his service to the Crown, Sir Roger was an anti-imperialist
Irish separatist, who wanted to see Ireland
independent from Britain. And after being knighted,
Sir Roger became active in Irish Republican Nationalism. In November, 1914, just four months after the
outbreak of World War I, Sir Roger negotiated a formal
declaration from Germany, then at war with Britain,
pledging that quote, "under no circumstances would
Germany invade Ireland." And Germany supported
Ireland's quest for quote, "national prosperity
and national freedom." Sir Roger personally went to
Germany to seek military aid in his quest to gain Irish independence. Sir Roger also sought to persuade Irish prisoners of war in Germany to renounce their allegiance to the King, and form an Irish brigade to
fight back against the British. But for collaborating with
Germany during World War I, Sir Roger casement was arrested
and charged with treason. The Treason Act of 1351, which had been translated into English from its original Norman French, included the following pertinent text. "If a man do levy war against our Lord "the King in his Realm, or be
adherent to the Kings Enemies "in his Realm, giving to them
Aid and Comfort in the Realm "or elsewhere," et cetera, et cetera. Now, the defense argued
that the phrase quote, "or elsewhere" applied only to the words "Aid and Comfort in the Realm," but had no applications
the words "be adherent "to the King's enemies in the Realm," or "levy War against our
Lord, the King in his Realm." According to this interpretation, the Treaty Act only
criminalized activities carried out on British soil, while activities carried
out outside Britain, like the ones that Sir
Roger did in Germany, did not qualify as treason under the law. The court rejected this interpretation, treating the commas
around "Aid and Comfort" like a parenthetical phrase. And the court concluded
that treason was treason, whether committed at home or abroad. And after all of his
appeals were exhausted, Sir Roger casement was hanged
in London in August, 1916. And such was the origin of
Sir Roger's famous epigram. Because when Sir Roger complained that he was hanged on a comma, he was criticizing his
lawyers losing legal strategy, focusing on punctuation and not criticizing the statute itself. In lieu of grammatical analysis, Sir Roger wanted to give a flowery speech defending his actions to
essentially tell the court, "Yes, I committed treason,
but I would do it again. "If it meant that Ireland could be free." So, there you have it Legal Eagles Grammar and punctuation
are consequential things. One misplaced comma can cost
you millions of dollars or, your life if you're not careful. So remember, friends don't let
friends draft ambiguous laws. And if you can, be sure to
get a designated drafter or you could regret it
for the rest of your life, or at least until the
next legislative session. Because otherwise you end
up with questions like, "Have you eaten, grandma?" The difference between being
courteous to your grandmother, and trying to be a bloodthirsty cannibal. And as it happens, "Have
You Eaten Grandma?: "Or, the Life-Saving Importance
of Correct Punctuation, "Grammar and Good English" by
Giles Brandreth, is one of the many amazing audio books you
can listen to on Audible. But that's just like my opinion, man, which is why you could also listen to "The Big Lebowski and
Philosophy" by William Erwin on Audible. I use Audible almost every day. It's by far the best source
of audio entertainment on the internet. And if you tried to listen
to everything on audible, it would take you three centuries. Unless of course you spit it
up, which of course you did. So theoretically, it's
probably only two centuries worth of stuff. But they recently launched a
new plan called Audible Plus, that gives you full access
to their Plus catalog, which is filled with
thousands and thousands of select originals, audio
books, podcasts, workouts, and even guided meditations. And with Audible Plus you
can download or stream without limit. If you'd like to try audible
for free for 30 days, just go to Audible.com/LegalEagle, or text LegalEagle to 500 500. Now, obviously you're not
actually going to text that 'cause this isn't a frigging podcast. So just click on the
link in the description. It's Audible.com/LegalEagle,
to get a 30 day free trial to audible plus. Plus clicking on that
link in the description really helps out this channel. So, do you agree with my
analysis about commas? Leave your objections in the comments and check out this playlist over here with all the videos I've done on the Crazy Legal World of Legal Myths, Wacky Lawyers and Zany Trial. So click on this playlist
or I'll see you in court.
YouTube professionals are always way too handsome when compared with real life. Half of the big name YouTube doctors look as if they accidentally wandered off a GQ model photoshoot. Lawyers too are a much more homely bunch. You only ever get to see the pretty ones plastered over dull corporate websites. Where is the greying partner whose OCD is so over the top that accidentally filing a writ with fee correspondence will bring him even closer to the brain aneurysm that will inevitably have him shuffle off this mortal coil?
Very unrealistic.
Otherwise a good video.
interesting find