Learned Treatises as Direct Evidence: The Alabama Experience

A majority of American jurisdictions refuse to permit the use of learned treatises as direct evidence, reasoning that to do so would violate the rule against hearsay evidence. However, many commentators have contended that, in adopting such a position, these courts have failed to consider the underlying purposes of the hearsay rule. Alabama, which has permitted the introduction of treatises as direct evidence, affords a useful contrast for testing both the rationale of the majority rule and the criticisms of it. It has been the goal of this comment to evaluate the present majority view against the Alabama experience. On the basis of the responses of Alabama attorneys, the conclusion is that the admission of learned treatises as direct evidence would be a desirable modificacation of the present rules of evidence

Selected reading from Treatise on Friendship

Course reading ebook, adapted by Ian D. Dunkle from Project Gutenberg’s Treatises on Friendship and Old Age, by Marcus Tullius Cicero, translated by E.S. Shuckburgh: http://www.gutenberg.org/ebooks/2808Cicero describes the necessary features, the value, and the limits of friendship through a short dialogue

Discussion of the De Generatione Sonorum, a treatise on sound and phonetics by Robert Grosseteste

Here I am proposing a translation and discussion of the De Generatione Sonorum, one of the short scientific treatises written by Robert Grosseteste. The subject is the sound and the phonetics. In this treatise we find a discussion of oscillations and elasticity of materials and the description of some motions and their combinations to

Trademark Searching Tools and Strategies: Questions for the New Millennium

The intent of this discussion is to raise questions about trademark searching which will be discussed in future issues of IDEA. I will lead you through the questions raised by my journey through primarily legal literature in treatises and periodicals on the Lexis and Westlaw platforms

Beyond the "common context" : the production and reading of the Bridgewater Treatises

The Bridgewater Treatises were among the most widely circulated books of science in early nineteenth-century Britain, yet little is known of their contemporary readership. Drawing on the new history of the book, this essay examines the .. "communication circuit" in which the series was produced and read, exploring some of the processes that shaped the meanings the books possessed for their original readers. In so doing, it seeks to go beyond the standard interpretation of the Bridgewater Treatises as contributing to a "common context" for debate among the social and cultural elite. Instead, the essay demonstrates the wide circulation of the series among many classes of readers and shows that consideration of the distinctive meanings with which the books were invested by readers in divergent cultural groups serves to elucidate the contested meaning of science in the period. It is argued that by thus taking seriously the agency of all those involved in the communication circuit, including readers as well as authors and publishers, this approach supersedes the increasingly unworkable analytical category of "popular science.

Apsines and Pseudo-Apsines (Attribution of Greek rhetorical treatises)

Citations of Apsines by name in the treatise transmitted under his name are inconsistent with the traditional attribution. Editors remove the problem by treating these citations as interpolations, but there is no text-critical warrant for this. Since rhetorical technical texts were often misattributed, and there is no compelling internal or external evidence to support the traditional attribution, the traditional attribution should be abandoned. It is then possible to accept that Apsines was the author of [Hermogenes] On Invention, sometimes cited under his name. A number of testimonia can be explained on the assumption that [Apsines] was a pupil of Apsines named Aspasius, perhaps Aspasius of Tyre. Internal evidence is consistent with this conclusion

Oh, the Treatise!

This foreword to the Michigan Law Review’s 2013 Survey of Books Related to the Law considers the history of the American legal treatise in light of the well-known criticisms of legal scholarship published by Judge Harry Edwards in 1992. As part of his critique, Edwards characterized the legal treatise as “[t]he paradigm of ‘practical’ legal scholarship.” In his words, treatises “create an interpretive framework; categorize the mass of legal authorities in terms of this framework; interpret closely the various authoritative texts within each category; and thereby demonstrate for judges or practitioners what ‘the law’ requires.” Part I examines the origins of the legal treatise and its early importance to the U.S. lawyers; Part II the impact that the massive growth in published case law had on the treatise during the latter part of the nineteenth century; and Part III the implications for the treatise of shifts from print to electronic formats in the twentieth century. The Foreword concludes by speculating briefly on the continuing need for the treatise in light of Edwards’s concerns and its place in the digital legal information environment

On the Decline of Pleonastic that in Late Middle English and Early Modern English

The origin of pleonastic that can be traced back to Old English where it could appear in syntactic constructions consisting of a preposition + demonstrative pronoun (i.e. for þy þat, for þæm þe) or a subordinator (i.e. oþ þat). Its diffusion with other subordinators is considered an early Middle English development as a result of the standardization of this item as the general subordinator in the period, which motivated its use as a pleonastic word in combination with all kinds of conjunctions (i.e. now that, gif that, when that, etc.) and prepositions (i.e. before that, save that, in that) (Fischer 1992: 295). Its use considerably increased in late Middle English, reaching its climax in the 16th century. In the 17th century, however, its use rapidly declined, to such an extent that it was virtually obliterated at the end of that same century (Rissanen 1999: 303-304). The list of subordinating elements includes relativizers (i.e. this that), adverbial relatives (i.e. there that) and a number of subordinators (i.e. after, as, because, before, beside, for, if, since, sith, though, until, when, while, etc. The decline of pleonastic that, however, is not a simultaneous process with all these subordinators insofar as the subordinator for seems to have retained this pleonastic item longer than other conjunctive words. In the light of this, the present paper has been conceived with the following objectives: a) to analyse the use and distribution of pleonastic that in a corpus of early English medical writing (in the period 1375–1700); b) to classify the construction in terms of the two different varieties of medical texts, i.e. treatises and recipes; and c) to assess the decline of the construction with the different conjunctive words. The data used as sources of evidence come from The Corpus of Early English Medical Writing, i.e. Middle English Medical Texts (MEMT for the period 1375–1500) and Early Modern English Medical Texts (EMEMT for the period 1500–1700).Universidad de Málaga. Campus de Excelencia Internacional Andalucía Tech

Intellectual Property Research: From the Dustiest Law Book to the Most Far off Database

This issue of IDEA introduces a regular series of articles on intellectual property research tools and strategies based on my experience for over a decade as Intellectual Property Librarian and Research Professor at Franklin Pierce Law Center. Pierce Law is consistently ranked among the top law schools training IP professionals. I have taught IP legal research, patent, trademark and copyright searching to hundreds of students and IP professionals in Pierce Law Graduate Programs. I have tackled hundreds of reference and research questions as well as working on countless projects requiring IP information. So I have been faced with challenges and changes common to consumers of IP information. What are the types of data IP researchers seek? What are the options for access to such data? How do we evaluate the access points? What is the value added to our information access choices? The mission of this series is to present tools and strategies and answers some of these consumer questions within evaluative frameworks appropriate to the tools under consideration. Each information acquisition choice is made on a moment-by-moment basis subject to the press of business. Choices are made by the totality of the circumstances. Pressures and factors such as time and money often drive information consumption and will be acknowledged and addressed in the series. Despite the intense growth of IP as a legal specialty, the widespread focus on IP in other disciplines outside the law and the increasing use of non-legal data such as patent statistical indicators, little has been written on IP research. There are no dedicated treatises or periodicals on IP legal research. There are no comprehensive treatises on patent, trademark or copyright searching. The intent of this series is not scholarship and footnotes. The intent is to provide some helpful tools and strategies to those performing IP research on the spectrum from law to facts. So, the phrase IP research in this introduction, unless otherwise specified, refers to the acquisition all types of IP information by the full range of consumers