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2003

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Distrust Quotations In Latin, Peter Goodrich Jan 2003

Distrust Quotations In Latin, Peter Goodrich

Articles

No abstract provided.

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Throwing The Book Versus Cutting Some Slack: Factors Influencing The Use Of Discretion By Game Wardens In Kentucky, Stephen L. Eliason Jan 2003

Throwing The Book Versus Cutting Some Slack: Factors Influencing The Use Of Discretion By Game Wardens In Kentucky, Stephen L. Eliason

Faculty Research at Morehead State University

An article written by Stephen L. Eliason and published in the 2003 issue of Deviant Behavior: An Interdisciplinary Journal, pages 129-152.

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Empirical Inquiry Twenty-Five Years After The Lawyering Process, Stefan H. Krieger, Richard K. Neumann Jr. Jan 2003

Empirical Inquiry Twenty-Five Years After The Lawyering Process, Stefan H. Krieger, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

One of the many ways in which The Lawyering Process was a pioneering book was its extensive reliance on empirical research about lawyers, lawyering, and activities analogous to some or another aspect of lawyering. To what extent has the clinical field accepted Gary Bellow and Bea Moulton's invitation to explore empirical studies generated outside legal education and perhaps engage in empirical work ourselves to understand lawyering more deeply? Although some clinicians have done good empirical work, our field as a whole has not really accepted Gary and Bea's invitation. This article explains empirical ways of thinking and working; discusses some …

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The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman Jan 2003

The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman

Hofstra Law Faculty Scholarship

In 2001, the United States Supreme Court decided Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health and Human Resources, which destroyed the so-called catalyst theory. The catalyst theory refers to the bringing of a lawsuit, but prior to the conclusion of the suit, the defendant settles with the plaintiff according to the plaintiffs basic original demand for relief. Every circuit except the Fourth Circuit had held that if you are a catalyst for a change in the defendant's conduct, you "prevailed" in the suit. Therefore, the plaintiff should be entitled to legal fees. In Buckhannon …

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Due Process In Problem Solving Courts, Eric Lane Jan 2003

Due Process In Problem Solving Courts, Eric Lane

Hofstra Law Faculty Scholarship

The rapid proliferation of "problem-solving courts," particularly of drug courts, occasions this Article. These progeny of the 1989 Dade County, Florida drug court' can be found throughout the country. According to one report, there are approximately 500 drug courts operating nationwide, with several hundred more coming on line. From these drug courts, a number of other courts have evolved, all under the problem-solving handle. In New York, for example, in addition to drug courts, there are community courts and domestic violence courts. In the State of Washington there is a mental health court. While disparate in their focus, their "problem …

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Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric Engle Jan 2003

Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric Engle

Richmond Journal of Law & Technology

The application of computer science in the law has largely, and productively, centered on educational programs and programs generating and managing databases and data management. Some limited work, however, has been done in the use of artificial intelligence (“AI”) to present models of legal decision-making. The majority of the work involving AI in the law, as the majority of work in AI generally, has focused on developing expert systems. An expert system attempts to solve one problem, or one class of problems well and should be distinguished from general systems, which seek to solve any problem. While databases and didactic …

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Appealing A Rejection At The Patent Board Of Appeals: Analysis Of Recent Board Decisions And Non-Appeal Alternatives, Susan Perng Pan Jan 2003

Appealing A Rejection At The Patent Board Of Appeals: Analysis Of Recent Board Decisions And Non-Appeal Alternatives, Susan Perng Pan

Richmond Journal of Law & Technology

This article discusses the merits of appealing rejections to the Board of Patent Appeals in comparison to continued ex parte prosecution before the Examiner. The analysis takes into account recent decisions rendered by several patent panels and recent precedent of the Court of Appeals for the Federal Circuit. Recommendations are offered to place claims in better condition for appeal and for the types of arguments to be made, as well as to guard against potential pitfalls during prosecution.

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Remarks On Food Safety In Dealing With Genetically Modified Foods, Dallas Hoover Jan 2003

Remarks On Food Safety In Dealing With Genetically Modified Foods, Dallas Hoover

Richmond Journal of Law & Technology

It’s nice to be here, and I appreciate the opportunity to talk with you all. It’s my first time in a School of Law and you certainly have more wood in your rooms than we do in laboratories, so this is a different experience for me. I’m a food microbiologist by training, so to me, food safety means Salmonella and cantaloupe and viruses in cruise ships. With genetically engineered foods, it’s a little bit different because the effects aren’t as dramatic as far as safety issues as what I see in my daily professional life. Also, it’s different because genetically …

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