Evaluation of unidentifiable intangibles

What is Joe Bruno's Crime?  August 13, 2016 – 03:37 pm
There are analysts far

How can the public be expected to know what the statute means when the judges and prosecutors themselves do not know, or must make it up as they go along?

Second Circuit Judge Jacobs



    When Joe Bruno walks into a federal courtroom in the Northern District of New York for his trial on charges of fraud, he may well encounter a sitting judge as confused about the meaning of the federal charges he faces as he himself is. In fact the law he allegedly violated is so shrouded in confusion that its only consistency seems to be its ability to produce judicial head scratching and scholarly consternation. 

    The statute at issue, 18 U.S.C. §1346, declares that the phrase “scheme or artifice to defraud” as used in the mail and wire fraud statutes includes a “scheme or artifice to deprive another of the intangible right of honest services.” However, “no one knows what this language means, ” writes Albert Alschuler of the University of Chicago Law School. (See “The Intangible Right to Honest Services, ” October 16, 2005, The Faculty Blog Likewise, both the National and New York Associations of Criminal Defense Lawyers have lamented, “Absent from this statute, or any other statute within the federal code, is a definition of what constitutes ‘the intangible right of honest services.’” (Amici Curiae Brief, U.S. v. Rybicki, 354 F.3d 124). Or consider the view of constitutional law professor Rick Hills of New York University School of Law: “The ambiguity of the "honest services" provision of the federal Mail Fraud statute (18 U.S.C. section 1346) has for decades been an open invitation to federal prosecutors to expand their sway over the political process in harmful and even corrupt ways, all in the name of fighting corruption.”

Source: The Bewildered Lawyer

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One of the main problems....

When doing a trial and error evaluation of which 'drug' is right for you is that we do not yet know enough about the individual genetic makeup of individuals to know who will respond to which chemicals.
Another problem is that docs pick out of their magic bag only the latest, greatest still patent protected, high dollar SSRI class of anti-depressant. For me, and my extended family, the old...et healthier!
In closing, TELL your therapist that you have trouble relaxing and ask to be taught some physical relaxation methods that can start each session. Any competent therapist should be willing able to do this.
Good luck - but expect some pressure to stick with the SSRI's - educate yourself about them vs the tricyclics on the web before you go to your medication doctor again.

You don't need a patent attorney

Do NOT use a patent attorney to "advise you how to proceed in bringing your idea to the market". That's NOT what a patent attorney does. A patent attorney ONLY writes up your patent application for you. He makes no evaluation of your idea nor can he advise on how to sell it or bring it to market.

Dissent in part

Claims are evaluated under a number statutory sections including utility; novelty; obviousness; and enablement.
If the Examiner believed that the invention could not possibly work as recited in a claim, he could reject it as lacking utility or enablement. However, while Examiners _can_ do this, very few are in a position to really conduct such an evaluation. In most cases, examiners don't ... enablement. Enablement refers to the ability of one having ordinary skill in the art to practice the claimed invention (i.e. as defined by the _issued_ claims) based on the technical material included in the specification (the more conventional narrative description portion of the patent). The ability of a skilled artisan to practice the invention necessarily implies that the invention "works."

Finding a lawyer

You need to consult with a big time patent law firm which will be able to sustain the costs of such litigation and have the resources to handle it. Those firms are also the same ones who can give you a realistic evaluation of the strength of your claim.
Do not consult solo practitioners or very small firms which do not do this type of work all the time. You are going to have to do some significant online research to find a good lawyer. There are a lot of lawyers who will advertise themselves as patent infringement attorneys but they have very little experience at it. Start reading up on it and then make your calls.

Standardized testing

"But in the end we are all accountable for what we do in society. Why should teachers be exempt from this "fact of life"?
-There is one critical difference between the examples you listed and the concept of judging teachers by student test score: quality control. Passing the Bar exam after law school, surgical boards after med school, or any other professional test is strictly under the co... if these situations truly mimicked public schools, they would have no choice in the matter. They would HAVE to accept the interns, HAVE to let someone else argue their case.
Honestly, I'm not against fair evaluations. But you CAN'T pattern them after other forms of evaluation in which each individual is in charge of his own result, because that's not representative of the education field.

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