The unique facets of intellectual property law coupled with the complexities of most patent cases create a unique set of litigation challenges. Providing "how to" strategies for effective persuasion in patent cases, this manual discusses the most important aspects of patent juries to consider when trying cases. The findings that underlie these strategies are based on nationwide surveys and extensive mock trial research the authors have conducted with jurors, arbitrators, and judges.
Strategies for Influencing Judge and Jury
Author: Karen Lisko (Senior Litigation Consultant),Kevin Boully
Publisher: Amer Bar Assn
Influence, the classic book on persuasion, explains the psychology of why people say "yes"—and how to apply these understandings. Dr. Robert Cialdini is the seminal expert in the rapidly expanding field of influence and persuasion. His thirty-five years of rigorous, evidence-based research along with a three-year program of study on what moves people to change behavior has resulted in this highly acclaimed book. You'll learn the six universal principles, how to use them to become a skilled persuader—and how to defend yourself against them. Perfect for people in all walks of life, the principles of Influence will move you toward profound personal change and act as a driving force for your success. Some images that appeared in the print edition of this book are unavailable in the electronic edition due to rights reasons.
The Psychology of Persuasion
Author: Robert B. Cialdini, PhD
Publisher: Harper Collins
Original text of Martin Luther King Jr.'s open letter from jail, written in April 1963.
Author: Jr. Martin Luther King
Publisher: Createspace Independent Publishing Platform
Publisher: American Bar Association
The guide provides analysis and explanation of participants in Section 337 investigations and discusses the unique role played by the ITC. It also focuses on the procedural rules of a Section 337 investigation, including complaint preparation, the discovery process, pre-hearing procedures, the hearing and post-hearing processes and remedies available to a successful complainant. Other topics addressed include enforcement of a violation ruling, parallel litigation and appellate court review of an ITC decision.
Author: Tom M. Schaumberg
Publisher: American Bar Association
Category: Business & Economics
On July 11, 1963, a seemingly harmless dry cleaning van drew up outside a rural farm near Johannesburg, South Africa. Within seconds, heavily armed police had burst out and arrested the entire high command of the armed wing of the African National Congress (ANC). Together with the already imprisoned Nelson Mandela, they were put on trial and charged with conspiring to overthrow the apartheid government by violent revolution. Their expected punishment was death. In this compelling book, their defense attorney, Joel Joffe, gives a blow-by-blow account of the most important trial in South Africa’s history, vividly portraying the characters of those involved and exposing the astonishing bigotry and rampant discrimination faced by the accused, as well as showing their incredible courage under fire.
The Trial that Changed South Africa
Author: Joel Joffe
Publisher: Oneworld Publications
Examining how people want their democratic government to work, this study finds that Americans don't like many of the practices associated with democracy: the conflicts, the debates, the compromises. It finds that Americans don't want to have to see democracy in practice, nor do they want to be involved in politics. If American citizens had their way, political decisions would be made by unselfish decision-makers, lessening the need for monitoring government.
Americans' Beliefs About How Government Should Work
Author: John R. Hibbing,Elizabeth Theiss-Morse
Publisher: Cambridge University Press
Category: Political Science
During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider’s examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the “greatest legal engine ever invented for the discovery of truth.”
Producing Veracity in the Victorian Courtroom
Author: Wendie Ellen Schneider
Publisher: Yale University Press
Recently vilified as the prime dynamic driving home the breach between poor and rich nations, here the branding process is rehabilitated as a potential saviour of the economically underprivileged. Brand New Justice, now in a revised paperback edition, systematically analyses the success stories of the Top Thirteen nations, demonstrating that their wealth is based on the 'last mile' of the commercial process: buying raw materials and manufacturing cheaply in third world countries, these countries realise their lucrative profits by adding value through finishing, packaging and marketing and then selling the branded product on to the end-user at a hugely inflated price. The use of sophisticated global media techniques alongside a range of creative marketing activities are the lynchpins of this process. Applying his observations on economic history and the development and impact of global marketing, Anholt presents a cogent plan for developing nations to benefit from globalization. So long the helpless victim of capitalist trading systems, he shows that they can cross the divide and graduate from supplier nation to producer nation. Branding native produce on a global scale, making a commercial virtue out of perceived authenticity and otherness and fully capitalising on the 'last mile' benefits are key to this graduation and fundamental to forging a new global economic balance. Anholt argues with a forceful logic, but also backs his hypothesis with enticing glimpses of this process actually beginning to take place. Examining activities in India, Thailand, Russia and Africa among others, he shows the risks, challenges and pressures inherent in 'turning the tide', but above all he demonstrates the very real possibility of enlightened capitalism working as a force for good in global terms.
Author: Simon Anholt
Category: Business & Economics
This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from cognitive science with classical and contemporary rhetorical theory, and the application of these two disciplines to the real-life practice of persuasion. The combination of rhetorical analysis and cognitive science yields a new way of seeing and understanding legal persuasion, one that promises theoretical and practical gains. The work has three main functions. First, it brings together the leading models of persuasion from cognitive science and rhetorical theory, blurring boundaries and leveraging connections between the often-separate spheres of science and rhetoric. Second, it illustrates this persuasive synthesis by working through concrete examples of persuasion, demonstrating how to apply this new approach to the taking apart and the putting together of effective legal arguments. In this way, the book demonstrates the advantages of a deeper and more nuanced understanding of persuasion. Third, the volume assesses and explains why, how, and when certain persuasive methods and techniques are more effective than others. The book is designed to appeal to scholars in law, rhetoric, persuasion science, and psychology; to students learning the practice of law; and to judges and practicing lawyers who engage in persuasion.
A Rhetorical Approach to the Science
Author: Linda L. Berger,Kathryn M. Stanchi
Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.
Governance for Responsibility
Author: Mads Andenas,Iris H-Y Chiu
The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
Author: Committee on Intellectual Property Rights in the Knowledge-Based Economy,Board on Science, Technology, and Economic Policy,Policy and Global Affairs,National Research Council
Publisher: National Academies Press
The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]
Essays on Causing Death, Injury and Danger in Traffic
Author: Alwin van Dijk,Hein Wolswijk
Publisher: Eleven International Publishing
Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
How to Present, Persuade, and Prevail--Every Place, Every Time
Author: Gerry Spence
Late nineteenth-century Britain saw an extraordinary surge in patent disputes over the new technologies of electrical power, lighting, telephony, and radio. These battles played out in the twin tribunals of the courtroom and the press. In Patently Contestable, Stathis Arapostathis and Graeme Gooday examine how Britain's patent laws and associated cultures changed from the 1870s to the 1920s. They consider how patent rights came to be so widely disputed and how the identification of apparently solo heroic inventors was the contingent outcome of patent litigation. Furthermore, they point out potential parallels between the British experience of allegedly patentee-friendly legislation introduced in 1883 and a similar potentially empowering shift in American patent policy in 2011. After explaining the trajectory of an invention from laboratory to Patent Office to the court and the key role of patent agents, Arapostathis and Gooday offer four case studies of patent-centered disputes in Britain. These include the mostly unsuccessful claims against the UK alliance of Alexander Graham Bell and Thomas Edison in telephony; publicly disputed patents for technologies for the generation and distribution of electric power; challenges to Marconi's patenting of wireless telegraphy as an appropriation of public knowledge; and the emergence of patent pools to control the market in incandescent light bulbs.
Electrical Technologies and Inventor Identities on Trial in Britain
Author: Stathis Arapostathis,Graeme Gooday
Publisher: MIT Press
Category: Technology & Engineering
Author: Erving Goffman
Publisher: Peter Smith Pub Incorporated
Category: Social Science
The Strasbourg Effect
Author: Lauri Mälksoo,Wolfgang Benedek
Publisher: Cambridge University Press
Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law.
Author: J. Cotterill
Category: Language Arts & Disciplines