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The Wunsch Law Blog

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Notes on Pain

Notes on Pain

Pain, that forbidden subject: not to be talked about, never to be mentioned. The reason we cannot talk about it is because our minds utterly repudiate it. We renounce it. We reject and dismiss it. It’s as if even mentioning it, briefly or in passing, can somehow cause it to occur. So we put it […]

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Of the Everyday Sacred

What’s that which we call “the sacred” That which is valuable beyond measure, bridging the gap between the present and everlasting? Or that which invokes our wonder and astonishment? Or perhaps something a bit more prosaic? Say, an ocean’s shimmering waves at dawn or a constellation of stars at night? The sacred, a concept akin […]

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