Transition States
A transition state––that sinister and mysterious realm between what’s occurring and what’s about to occur––requires no small degree of scrutiny and attention. We too often ignore our transition states, taking them for granted. Sleep into wakefulness; the change of seasons; the movement from day into night, from youth into old age, from life into death––we […]
Advocacy and Accuracy
“‘Tis a forgotten maxim that ‘accuracy is essential to beauty,’” wrote Emerson in his Journals. Being accurate is not something that’s typically recognized or celebrated, but over time it comes to have great value, separating those most capable. What’s a good working definition of accuracy? Webster defines accuracy as “the quality or state of being […]
Recognizing Secondary Trauma
In recent years, a growing body of medical literature has established that severe trauma to one family member can result in a phenomenon known as “secondary traumatization”––post-traumatic symptoms exhibited by the other family members, particularly children, of those harmed. “During the past few decades, studies have shown that individuals in the trauma survivor’s close proximity […]
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 […]
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 […]
