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The Wunsch Law Blog

The Way of Healing

That which restores health, promotes well-being, cures, alleviates––healing returns us to an earlier state free of hurt or harm. It’s almost as if healing reverses time. We turn back the clock to return to a place we once enjoyed of strength, vitality, and wellness. To promote healing, one would think traditional remedies will be cast […]

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Sleeping in the Street

Back to law school. Final exam. Torts. The year is 1909.  Professor Smith sets out for your consideration the following exam question: Father, with his sleeping child in his arms, negligently lies down in the street and goes to sleep. The driver of a wagon sees them there asleep. He intends to avoid them, but […]

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Contemplating the Obvious

We’ve all experienced instances where an obvious sign has been missed. Notwithstanding our most careful scrutiny, something obvious gets neglected or ignored. It’s present, it’s visible, but we cannot recognize it. Psychologists have a name for this––inattentional blindness. “Inattentional blindness, also known as perceptual blindness, is a psychological lack of attention that is not associated with […]

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Parsing Persistence

Lawsuits do require a fair degree of “persistence.” But what does this word mean? Webster defines persist as “to go on resolutely or stubbornly in spite of opposition, importunity, or warning.” There’s even a noun form for one who persists––persister. The word persist derives from the latin persistere, literally,“per”—through, steadfastly––and “sistere”––to stand; that is, to […]

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A New Way of Seeing

Science has yet to explain chronic pain. While it has long been known that many injured in car accidents never recover, the precise explanation for this remains unclear. A growing body of medical literature demonstrates that PTSD may play a role. “Our results showed that high level of catastrophizing and PTSD are predictors of chronic […]

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Show the Way

The spoken word (unlike the written which can be reread) must be completely understood as it’s being heard. There’s no room for even a single gap. If the listener does not understand––even momentarily––the listener will stop listening. Unlike the written word, the spoken word is heard, not seen. That means visualization of what’s being described […]

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A New Form of Speaking?

Has anyone studied in depth how electronic communication—emails and texting––is changing language? The obvious difference is that it’s not verbal, but written. This means that the physical clues we pick up from being in the presence of someone––body language, mannerisms, speech patterns, tone of voice, etc.––are absent. But exchange of physical gestures is not the […]

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Exposing the Joint: Techniques of Cross-Examination

Lawyers look forward to cross-examination since at least there’s some sense of being on the attack. For the first time, you’re permitted to be overtly adversarial. Attacking the witness’s credibility, confronting the witness’s ability to see, hear, perceive, or know, condemning the witness for failing to consider those facts most supportive of your side of […]

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On the Art of Living Well…with Chronic Back Pain

Enervating, irksome, debilitating, back pain––particularly severe back pain––can significantly affect the quality of one’s hours and days. The trick is to live well notwithstanding its presence. This requires both patience and impatience: patience, to allow the body time to heal; impatience, to alleviate at once its most acute symptoms. Living well implies not allowing the […]

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The Analytics of Imagination

Daydreaming is condemned as a waste of time, yet we place value, often great value, on new ideas. Why this dichotomy? The trouble with imagination is that it’s untethered and unstructured. There’s no rhyme or reason––it’s easy to become lost. We need an analytics of imagination. But how? Is imagination a skill? Can it be […]

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