Flow Transference
States of mind are fluid, and maintaining the right frame of mind is not something that necessarily arises naturally. It requires thought, insight––something akin to the flicking on of a light switch. It can also arise by other means. We’ve all heard the term “being in the zone.” In his well-known book, Flow: The Psychology […]
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 […]
Emerson on Webster
“In a million you would single him out”—so wrote Ralph Waldo Emerson of Daniel Webster. Emerson admired Webster and wrote about him at length in his Journals. Emerson wrote that Webster was “[a] person of very commanding understanding with every talent for its adequate expression.” Emerson took note of Webster’s appearance, writing: “His external advantages […]
On Descriptive Language
Language is a method of communication: a way for people to share information and ideas. But language has other uses as well, including serving as a means of making sense of the world and providing a framework within which to think and dream, organize and create. There’s various types of language, of course. There’s instructional […]
On the Constitutional Prohibition Against Titles of Nobility
King or Queen, Prince or Princess, Duke or Duchess—the United States Constitution, in what’s known as the “Emolument Clause,” forbids Titles of Nobility. Section 9 of the Constitution reads: “No Title of Nobility shall be granted by the United States…” Section 10 reads: “No State shall…grant any Title of Nobility.” Thus, both federal and state […]
On the Evaluation of Legal Arguments
It has been said that lawyers do not produce anything. Well, actually they do. They produce arguments—reasons why their client should prevail. Some evaluate legal arguments based solely on their outward appearance—how convincing do they sound? But there are other ways to evaluate the soundness of a legal argument. These include asking: How strong is […]
