Hand, Judge Learned

The view of a nontechnical court confronted with the problem of determining the validity of a patent has been expressed by Judge Learned Hand of the Second Circuit (42) ... 

It is sometimes difficult to distmgrrish between the idea and the expression of a computer program and there is little agreement on the most appropriate test. One of America s most eminent jtrdges. Judge Learned Hand, said in 1930 that Nobody has ever been able to fix that bormdary arrd nobody ever can 12 pjjjg shows that the problem is rrot new. 

The third, and probably the most important, possible failure is where the court makes an erroneous decision on the level of due care that should be taken by either the defendant or the plaintiff. Railroads frequently claim that "anti-corporate feeling leads juries to hold railroads to a higher level of due care than would be warranted by economic calculations of the type advocated by Judge Learned Hand. 

The preparation for physical chemistry laboratory is a little harder to judge. Today s students seem less experienced in working with their hands than students of a few decades ago, except in the area of video games. I have used an initial experiment in which the students were required to carry out three simple measurements after assembling simple apparatuses, a technique that I learned from Ed Bair at Indiana University. Close observation of the students as they carry out such an experiment gives some information about their aptitude. This experiment also provided the opportunity to discuss data reduction, error analysis and report writing at the beginning of the course. 

The beam design laboratory is a new type of learning activity for students in the first three years and has been judged by students to be quite a success. The lab provides a good mix of teamwork, hands-on experience, and applied theory in an authentic setting. Not only has it fulfilled its initial goal of reinforcing the fundamentals of beam theory, but it has also increased student enthusiasm and improved their perceived relevance of the statics course overall. 

Movement and gesture are also important. Effective use of hands and body can do much to aid a presentatioa Moving out from behind a table or lectern towards the audience can help to reduce barriers and engage that audience. But be careful that any sound system supports this and learn to switeh off the lapel mierophone when you move baek to the fixed one. Confidenee and attitude ean be judged from how a speaker sits, stands and moves, and also from eye eontaet. Rehearsing in front of a mirror is a well-tried teehnique. 

---