Filters








470 Hits in 7.4 sec

Forgetting Freud: The Courts' Fear of the Subconscious in Date Rape (and Other) Cases

Andrew E. Taslitz
2006 Social Science Research Network  
The problem here is one of the human "tendency to contextualize a problem with as much prior knowledge as is easily accessible, even when the problem is formal…." 226 The law, by contrast, often requires  ...  "radical decontextualization…put[ting] a premium on detaching prior belief and world knowledge from the process of evidence evaluation." 227 Jurors are repeatedly told to decide only based upon the  ... 
doi:10.2139/ssrn.916570 fatcat:giquibzt7fhxtcchtjdjaajcpi

You can't judge a book by its cover: evolving professional responsibilities, liabilities and 'judgecraft' when a party has Asperger's Syndrome

Penny Cooper, Clare Allely
2017 Northern Ireland Legal Quarterly  
In the context of increasing legal emphasis on fairness for people with disability, this article analyses the responsibilities and liabilities of lawyers in relation to the recognition and identification  ...  of client disability, and specifically Asperger's Syndrome, prior to a hearing.  ...  of ToM is not a defining characteristic of Asperger's Syndrome, there is recent experimental evidence for such a deficit. 105 As a result, courts should be aware that a party may act in a certain way  ... 
doi:10.53386/nilq.v68i1.21 fatcat:ow77kdsutbehtfajn5pkhc7jam

Patent Scope and Innovation in the Software Industry

Mark A. Lemley, Julie E. Cohen
2000 Social Science Research Network  
As currently defined, the experimental use defense is too slim a reed to support a reverse engineering right.  ...  That court noted that use of a patented process for academic medical research might well be a protected experimental use, though it refused to decide the question on summary judgment.  ... 
doi:10.2139/ssrn.209668 fatcat:2ic6uh3lz5cq5h4motpokihvny

Le libre accès aux articles scientifiques : référentiels, principes, normes et modalités

Jean Bernatchez
2015 Documentation et bibliothèques  
Under such conditions, an attorney many sign and serve a subpoena without prior approval by a court. Grand jury subpoenas are typically issued by an AUSA on behalf of the jury.  ...  A grand jury has enormous leeway for conducting investigations.  ...  Foreman: The member of a grand jury who presides over, speaks for, and signs for the grand jury, usually appointed by election of the grand jury.  ... 
doi:10.7202/1028999ar fatcat:h6w6bv2gavdfzctfi5vhsdpwgu

A Theory of Claim Interpretation

Craig Allen Nard
2001 Social Science Research Network  
job of accounting for experimental data in a natural way."  ...  Cir. 1988 ) ("The board attributes to the 'hypothetical person' knowledge of all prior art in the field of the inventor's endeavor and prior art solutions for a common problem even if outside that field  ...  the promotion of uniformity in claim meaning. 336 For Judge McMahon, After Markman, with its requirement that the Court construe the patent for the jury as a matter of law, it is inconceivable that a  ... 
doi:10.2139/ssrn.261354 fatcat:p24v4h4qcvef7epjgtj3wq3kee

Emotional Fact-Finding

2014 Kansas Law Review  
For example, one group of investigators induced disgust in experimental subjects by means of bad smells, a messy room, and other irrelevant interventions.  ...  EVID. 609(a)(1)(B) (authorizing the admission of some prior convictions for the purpose of impeaching criminal defendants); Jeffrey Bellin, Circumventing Congress: How the Federal Courts Opened the Door  ... 
doi:10.17161/1808.20306 fatcat:wltatnewvrg2jgfqruzogikrtu

Patent Scope and Innovation in the Software Industry

Julie E. Cohen, Mark A. Lemley
2001 California Law Review  
As currently defined, the experimental use defense is too slim a reed to support a reverse engineering right.  ...  That court noted that use of a patented process for academic medical research might well be a protected experimental use, though it refused to decide the question on summary judgment.  ... 
doi:10.2307/3481172 fatcat:whwmcvzalndy7nc4xlsfkgytoi

Patent Scope and Innovation in the Software Industry

Mark A. Lemley, Julie E. Cohen
2001 Social Science Research Network  
As currently defined, the experimental use defense is too slim a reed to support a reverse engineering right.  ...  That court noted that use of a patented process for academic medical research might well be a protected experimental use, though it refused to decide the question on summary judgment.  ... 
doi:10.2139/ssrn.282790 fatcat:n42fqxighvacvksa3kffrd6b7i

The Quantification of Law: Counting, Predicting, and Valuating

Alice Granada Ribeiro
2021 Law, Technology and Humans  
of legal arguments or predict court judgments; tasks that were once seen as the exclusive province of seasoned lawyers' obscure knowledge.  ...  New legal technologies promise to search heaps of documents for useful evidence, and to analyze dozens of factors to quantify a lawsuit's odds of success.  ...  Given that "individual judges are usually consistent with themselves and often cite their own prior decisions to support their position," 79 knowledge of the authorship of any given decision is important  ... 
doi:10.5204/lthj.1966 doaj:c9983d0eac094d108cfab652d58faf7f fatcat:rwo2ibm2xfhfjfjriawmetb37u

The Quantification of Law: Counting, Predicting, and Valuating

Rafael Viana Ribeiro
2021 Law, Technology and Humans  
of legal arguments or predict court judgments; tasks that were once seen as the exclusive province of seasoned lawyers' obscure knowledge.  ...  Legal quantification initiatives depend on the availability of reliable data about the past behavior of courts that institutional actors have attempted to control.  ...  Given that "individual judges are usually consistent with themselves and often cite their own prior decisions to support their position," 79 knowledge of the authorship of any given decision is important  ... 
doi:10.5204/lthj.1603 fatcat:ekbgzsatb5bz7lnazycejatdmy

Making News: Balancing Newsworthiness and Privacy in the Age of Algorithms

Erin C. Carroll
2016 Social Science Research Network  
, wrote that "issues of good taste and editorial judgment are for the media and not for the courts." 80 And the California Supreme Court has written that "[i]n general, it is not for a court or jury to  ...  See Richards & Solove, supra note 15, at 1921-22 (noting that "prior to Prosser, the landscape of the tort law of privacy was one of vigorous growth and experimentation; after Prosser, tort privacy became  ...  Short of trying to redefine the concept, one way that courts and juries can provide sounder justifications for their decisions regarding newsworthiness is to follow a more deliberate process in arriving  ... 
doi:10.2139/ssrn.2877335 fatcat:mvca5nqqbfa5di4kxsrupaid4m

Helping to distinguish primary from secondary transfer events for trace DNA

Duncan Taylor, Alex Biedermann, Lydie Samie, Ka-Man Pun, Tacha Hicks, Christophe Champod
2017 Forensic Science International: Genetics  
This of course will not be the position of the Court of the jury, but allows 168 them to use the numerical value of the LR obtained from the BN as a 'belief updater'. 169 There are other parental nodes  ...  Factors such as instrumentation used in laboratory for processing DNA also 181 influenced experimental data.  ... 
doi:10.1016/j.fsigen.2017.02.008 pmid:28273508 fatcat:lonp26mhwrfbxcx3fx7rboae2q

Robotics and the New Cyberlaw

Ryan Calo
2014 Social Science Research Network  
But we will not be writing on a clean slate: many of the core insights and methods of cyberlaw will prove crucial in integrating robotics and perhaps whatever technology follows.  ...  This Article is the first to examine what the introduction of a new, equally transformative technology means for cyberlaw and policy.  ...  Prior to the enactment of Section 230, a court had already immunized a website for user speech it was not made aware of on First Amendment grounds. See Cubby, Inc. v. CompuServe Inc., 776 F.  ... 
doi:10.2139/ssrn.2402972 fatcat:oeptn4tqvvedfnn3kh6t23iwmm

Evaluation of a comprehensive interactive training system for investigative interviewers of children

Mairi S. Benson, Martine B. Powell
2015 Psychology, public policy and law  
After the jury has come to a unanimous decision, the verdict is read out and the prosecutor informs the child and his/her family of the case outcome. program.  ...  Third, for cases that proceed to court, the investigative interview is presented as the child's evidence-inchief.  ...  Further occurrences The child is prompted to provide a free recall and answer further questions for further (if any) occurrences of abuse. y.  ... 
doi:10.1037/law0000052 fatcat:3x3ymr75sffmfc2mxqsunwfupa

How Lawyers' Intuitions Prolong Litigation

Jeffrey J. Rachlinski, Andrew J. Wistrich
2012 Social Science Research Network  
We offer a novel account of the phenomenon of settling on the courthouse steps that is based upon empirical research concerning judgment and choice.  ...  Lawyers' tendencies to rely excessively on intuition exacerbate the impact of those cognitive illusions.  ...  "[a] prior investment should not influence one's consideration of current options; only the incremental costs and benefits of the current options should influence one's decisions." 186 As Richard Posner  ... 
doi:10.2139/ssrn.2097774 fatcat:b6gubqjcpnhgjmjjgpqxkgf5oi
« Previous Showing results 1 — 15 out of 470 results