Learning and Healing
Webster defines health as follows: “The condition of being sound in body, mind, or spirit; especially: freedom from physical disease or pain.” The World Health Organization defines health in these terms: “Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.” Both definitions define health […]
Invisible Facts
Matter, we are told, has three primary states—solid, liquid, and gas. Today of course scientists recognize many more states of matter, including plasma as well as the more recently discovered states of matter such as superfluid, quantum spin liquid, string-net liquid, and many others. However, the basic framework into which the facts of a contested […]
First Principles: Free Speech
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”—so reads the First Amendment of the Constitution. Free speech is […]
On Nature as a Work of Divine Art
If nature is a work of divine art, it follows that one of the most elemental tasks of any legal system would be to protect that work. There’s the natural world, the physical space which we inhabit. Contained within are living things, both plant and animal. Some may also suggest that the earth itself is […]
Motive’s Irrelevance
It may seem surprising to some that a negligence case brought to recover damages turns entirely on conduct. For some, this may feel a bit incomplete. Genuine culpability, it would seem, would require at least some degree of ill motive or improper design. If the person’s intentions are entirely benevolent but their conduct inadvertently causes […]
In Defense of the Center
We are exhorted to start strong—and to end strong. Beginnings and endings—these we are advised must be practiced and perfected. We are told of the importance of primacy and recency. We are urged to make a good—no, excellent—first and last impression. These things we know. But what about the center—that vast uncharted territory between start […]
Phrasing of the Common Phrase
Because they’re apt and come readily to mind, common phrases tend to be overused. We speak them naturally, instinctively, without first thinking. Consider two sets of phrases: “Don’t you dare” in relation to “Don’t you carry out that forbidden act.” And “Don’t you care” in relation to “Don’t you have an interest in my safety […]
Arguing Rules
Legal rules set forth certain requirements, but every rule is subject to interpretation and application to the specific facts of the case. Say you are seeking a ruling from a Court to depart slightly from the literal requirements of a rule. The rule says one thing, but you are urging some flexibility in the way […]
Always Advocating
I was in court recently and saw a lawyer and his client standing before a Judge. The Judge asked the lawyer’s client a question and the client gave an answer that was not to the lawyer’s liking. The lawyer, surprised at his client’s answer, appeared visibly upset and angry. The lawyer turned around and ostentatiously […]
Signet and Watermark
A signet is a formal seal, impress, or mark on an official document. It’s clearly visible. It can indicate the document to be original, authentic. A watermark is a pattern, figure, or design impressed on paper which can be seen only when held up to the light. It’s not clearly visible. But it too can […]
