Children don't always tell the truth

Although children are being more frequently called as witnesses in court proceedings, they often do not tell the truth. If lying is defined as giving a false statement for personal gain, then lying is only one of several causes for children not giving an accurate account of events. Other reasons include an immature brain, a congenitally acquired defect in the central nervous system, or the presence of an emotional disturbance such as psychosis or hysteria. The desire of a child to please others--that is, parents, therapists, or lawyers--may also result in an invalid statement. These factors and motivations should be considered in trying to interpret a youngster's statement.     

Voles don't take taxis

Johnson's paper advances understanding of sequences of burglaries committed by the same offender. Furthermore, it has heuristic value in suggesting new avenues for applicable research. Each of the current data shortcomings represents an opportunity for novel research approaches, and the optimum forager metaphor holds continuing appeal as an organizing principle helpful to operational policing.     

Anchoring just deserts

B.A., Wheaton College 1971; J.D., DePaul University 1975; LL.M., Georgetown University 1993.     

Treatment, diagnosis--or just testing the water?

The Gowers Review of IP was published in early December. Nowthat its contents have been revealed, the IP community in Britainand elsewhere is coming to terms with its contents. Althoughthe Review proposes relatively few changes to the IP systemas we know it, many are wary of its potential impact. One reason for the wariness lies in the approach taken by theReview. The most natural avenue for investigation is that whichtackles IP rights in turn: patents,     

The medical model versus the just deserts model

This paper traces the history of two models that have been influential in shaping modern views toward criminals. One of these two--the medical model--is based on the concept of rehabilitation, that is, treatment predicated on the attributes of the offender. The second of these two--the just deserts model--centers on retribution, that is, punishment deserved for the seriousness of the crime. Each model has been dominant in various periods of history.     

世纪之初的欢喜与忧思

送走世纪末日,迎来了新世纪,很自然地联想到世界的末日.当然,这里所说的是人的世界.其实,世界只是对人才存在.其他级别低于人的动物或是没有思想的动物,根本没有世界这个概念,它们的眼中和脑子里只有自然.自然的存在,就是它们的存在,所以,除了人的世界之外的动物的世界是与自然共存的.在这个意义上讲,人只有回归自然才有可能与自然天长地久.但是,人在大自然中只不过是小小的一部分,一个普通动物的变异种类.所以,自然完全有可能有朝一日舍弃这个变异的种类或者重新创造一个变异的种类.正因如此,人的世界的消亡即使不是必然的,也是自然的.     

Making just decisions in magistrates' courts

Professional magistrates' sentencing procedures were examined as prototypic cases of expert processes involved in making just decisions, with analysis of their attention to information and the inferences they drew from case details and their own patterned knowledge. Magistrates' sorting and verbalized sentencing of six shoplifting cases revealed that they were accessing and using three schemas for categorizing shoplifters, with different emphases and valences, and different penalties. The schemas categorized shoplifters as cases of greed, need, or troubled persons. Tough magistrates followed the greed schema more than the lenient who followed the need and troubled schemas more consistently. Information use and inferences in a sample case illustrate schema differences.     

政党执政后面临的两个转变

政党执政后给国家输送干部是其首要任务,一个党成为执政党的标志之一就是人事上的变化,党的干部需要向国家干部作身份转变。给国家政权输送政策是政党执政后的另一项重要任务,建党时确立的党纲、政策成为党执政后的依据,但需要将它们由党的文件转化为国家文件,即法律化。实现政党的纲领和政策是政党执政后的目标,任命党的干部到国家机关中任职则是实现这一目标的手段,二者相辅相成。     

客户的利益 我们的立场——维护客户权益的滴滴个案 铸就越光品牌的百年辉煌

这江越光律师事务所前身为绍兴县第二律师事务所,创建于1992年。1999年由国办律师事务所改制成绍兴县首家合伙制律师事务所。本所经过多年发展,已成为绍兴地区具有相当规模和影响力的大型综合性律师事务所。本所     

Declaratory relief: don't be afraid to ask

Legal and practical context. Declaratory relief has the widestscope of any judicial remedy and its flexibility in providingguidance makes it the perfect judicial salve. Yet the remedyis under-used and receives little practitioner commentary. Key points. The Court's power to issue interim or final declarationsis discretionary. Furthermore, courts are more willing to grantan application for a declaration where there is a genuine dispute,in contrast with a purely theoretical issue. Specific statutoryprovisions for IP rights include declarations of non-infringementand unjustified threats. Intellectual property practitionersshould note that declaratory relief can be attractive becauseof its flexibility, efficiency and perception. It is less antagonisticthan a claim for damages. Conclusion. Declarations are a useful option for intellectualproperty practitioners. Although declaratory relief is commonlyregarded as a defensive measure, it can in reality be used asa "sword or a shield".     

Now you see it,now you don't

The Stevenson-Wydler Technology Innovation Act of 1980, at best, is now moribund. Events, in light of the Reagan Administration's budget cuts, have overtaken the times. Moreover, the principal advocates — Stevenson, Wydler and George Brown, Jr. — have departed for other climes, pursuits and interests. Fundamentally, the Act was doomed from its inception. It widely dispersed responsibilities among Federal agencies that in the past have shown, at best, a passivity towards technology transfer, or at worst, a disdain for it. Like so much Federal legislation in recent years, the Act lays out mandates broadly, badly defines terms and conditions, and omits the most important element of any law: penalties for violating it. Benign neglect, which seems to be the direction for at least the next four years, would appear to be its destiny. Section 11, Utilization of Federal Technology, however, might survive, but in a drastically truncated form, which should give precious little comfort to those who worked so hard for the passage of the Act.