Wunsch, Author at John C. Wunsch, P.C. - Page 2 of 11
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The Wunsch Law Blog

Snap Judgments

We meet someone for the first time. We instinctively “assess” that person, a process that can take place in a second or two. General appearance, speech patterns, verbal fluency, presence of an accent, ethnicity, age, gender, body habitus, configuration of the hands, eyes, and face––that’s it, we’ve made our split-second assessment. We have a distinct […]

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Seeking Out the Absurd

The notion that “serious” results can only originate from “serious” thinking needs to be revised. Many breakthrough ideas, providing workable solutions to intractable problems, can be arrived at via distinctly unorthodox means. The Absurd. Problems that admit of no simple solution––too often they’re examined rationally, logically. But what if these problems were seen as an […]

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Not to be Surprised

Changing the mind of a single person, whose views are antagonistic, presents a multidimensional puzzle, its own complex problem, one with no simple solution. You believe in the rightness of your idea. It’s common sense. Yet the other person you’re speaking to does not see things your way. This is baffling to you. You cannot […]

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The Interstitium: Hiding in Plain Sight

Recently, researchers have announced the existence of what they believe to be a new organ labeled the “interstitium.” The article, published in Scientific Reports, received wide media coverage. In a press release announcing the study, it was reported: “The field has long known that more than half the fluid in the body resides within cells, […]

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Specialization’s Limit

Specialization of labor––surely this makes the most sense. Hire the most highly qualified people, train them in a particular specialty, and then have them carry out that single specialized task. This has been the conventional wisdom for decades, used in a variety of contexts. There would seem to be no downside to this perfectly rational […]

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Capability Ethos and the Law of Accidents

Where does tort law fit in as part of a country’s intellectual history? Does the law of accidents exert an influence upon a country’s basic belief system? The idea of restitution and recompense for negligently caused harm fits well into a universal-rights based belief system, one that protects and celebrates individual rights, one that sets […]

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In Defense of the Human Hand

Hands, those perfectly designed, balanced, flexible, coordinated, five-fingered extensions of the human arm, capable of grasping, lifting, cupping, holding, climbing, in use always, in some ways more expressive than words, a uniquely human body part, reflective of one’s innermost personality and persona. Hands can be used to heal, to soothe, to caress, to comfort, to […]

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Daubert and the Ethical Limits of Human Testing

It’s well known that some areas of research cannot be tested in human double-blind studies due to ethical prohibitions. Researchers cannot knowingly inflict harm to one group. See, e.g., In re Zoloft (Sertraline Hydrocholoride) Products Liability Litigation, 26 F.Supp.3d 449, 453 (US Dist. Ct. E.D. Penn. 2014)(“Although the “gold standard” for epidemiological studies is the […]

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Mechanics of the Ideal

Small differences work to create significant change over time since they’re manageable, achievable, well within reach. Considered inconsequential at the outset, they become consequential. They’re additive, causing gradual change, incremental slight improvements, easily undervalued, ultimately producing great value. Any large undertaking––no matter what area––is best divided up into smaller, easily-managed segments. Think small. An airline […]

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Verbal Persuasion and the Observer-Expectancy Effect

How we speak to others makes all the difference. Not only our words, but our tone, body language, attitude, demeanor, and level of formality all play a role. As we speak, we’re influencing others. “Pardon me, could you please direct me to Michigan Avenue?” (said politely to a stranger on the street) differs from “Where’s […]

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