The Wunsch Law Blog Archives - Page 2 of 10 - John C. Wunsch, P.C.
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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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Perfecting Prediction: A Search for the Right Detail

Part of one’s task is to predict what likely will occur in the future. Not many devote any real effort to improving this “skill.” It’s akin to mindreading––why bother to devote any time to it? There’s no point. Probability theory and statistics––these provide tools of analysis, but not the means of arriving at the values […]

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Jury Selection and the Conjunction Fallacy

Once information is gathered, can it be correctly interpreted? We obtain fragments of the truth, but can we be sure we understand its significance? Our initial reaction is to rely on “common sense.” But too often our first take on things can be inaccurate. We assume facts are supportive when in fact they may be […]

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Beyond the Horizon

An argument based on ideas differs from an argument based on people or things. In many instances, an argument based on ideas presupposes a frame of reference within which an evaluation can take place. An argument based upon people or things, however, requires no such assumption. One is asked to look, compare, and to draw […]

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Courting the Counterfactual

Each case stands or falls on its facts. There’s no assurance that a prior case will necessarily bring about the same result in a later, similar case. “Factual” thinking looks back and examines what occurred without judgment or evaluation. “Counterfactual” thinking, however, goes beyond. “Counterfactual thinking, commonly exemplified by the expression “what might have been” […]

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