The Root Causes: Exploring the Origins of Cerebral Palsy and Erb’s Palsy
Cerebral palsy and Erb’s palsy are two types of birth injuries that can have a significant impact on a child’s life. If your child has been diagnosed with cerebral palsy or Erb’s palsy, it is important to understand the causes, symptoms, and treatment options available. Cerebral palsy is a neurological disorder that affects muscle control […]
Root Systems
Complexity exists just beneath the surface of simplicity. The trick is to let simplicity work to guide you through the path of complexity. “He told me about oak trees; how when one of their number was under stress they would share nutrients via their root systems.” — Robert Macfarlane, The Wild Places, Pg. 264 (Penguin […]
Walls and Windows
Dense, crowded with facts and rules, appellate decisions at times have hidden meanings. What those meanings imply––well, that’s the task of interpretation. At face value a sentence or paragraph may seem relatively simple. But what lurks beyond? “For all the great texts have esoteric significance, he believed and taught…” writes Saul Bellow in Ravelstein. Ascertaining […]
Advocacy by Algorithm
Legal method, defined as advocacy, presentation, or persuasion, is due for an upheaval. One trend that’s emerging—artificial intelligence. Brief writing in a matter of minutes rather than hours, gathering, summarizing and presenting data in seconds rather than weeks, even crafting the most persuasive verbal patterns of sound and speech––all will be shaped and affected by […]
Three Questions
Do law professors still write about tort law? In the academy, the tendency is to elevate one’s writing to the more rarefied atmosphere of pure theory. But tort law beckons: it’s a rich sedimentary deposit of granite and limestone, silica and sand, an archeological excavation which must be performed with great delicacy. So, for the […]
It’s All in the Gaze
What makes a witness trustworthy? Why are some witnesses believed and others not? Standard responses would be: “Someone who has the ability to perceive events accurately.” “Someone who is unbiased.” “Someone who is an authority in their field.” “Someone whose facts and opinions are corroborated by other evidence.” Etc. These are commonly asserted, but there […]
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 […]
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 […]
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” […]
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 […]
