RSSCategory: Education

Appellate Law in the Trenches

May 4, 2017 | By | Reply More

I was happy with the turnout and quality of speakers for today’s seminar sponsored by the Bar Association of Metropolitan St. Louis: “Appellate Lawyering in the Trenches.” I had the honor of being the organizer, but most of the work was done by the following presenters: Eric Martin, Beth Carver and Barbara Smith (Bryan Cave), Jeff McPherson (Armstrong Teasdale), Hon. Colleen Dolan and Joy Hannell (Missouri Court of Appeals), John Campbell (Campbell Law),and Shannan Hall (BAMSL). We have already received lots of good feedback from those attending and I look forward to doing something like this again within the next year or two.

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Three Important Questions to Ask

January 13, 2017 | By | Reply More

Michael Mulligan, head of Thatcher School, presents the three most important question we can ask teenagers. Excellent questions, and we should ask these to adults too:

Who tells us who we are?
Where do we want to go with our lives?
How do we want to get there?

Question one is important because forces are lined up (internet, television, movies, advertising, just for starters) that tell us who we are is not about how hard we work, how curious we are, or how much we are willing to make a positive difference to others and to our world in distress. No, these forces say: You are what you wear, what you buy, how thin or buff you are, how many like you (on Facebook or anything else) – or for the elite college bound crowd – where you go to college. When we focus on the wrong things, we create these conditions for monumental cynicism in our kids. Our children need to learn that they are important not for reasons of appearance but for reasons of substance.

Question two is important because if we believe that the only thing that matters is college and job status then how can we not end up frustrated, angry, and lonely? Where we want to go with our lives is intrinsically linked to the question of what leads us to fulfillment and happiness? For most of us the answer is passion. We all know we are in the right jobs when how long we work at something is driven by interest and not only about earning a paycheck. The truth is that we are all going to have to work hard to succeed in life, and if that is the case, let’s us at least try to work hard on things that matter and that we care about.

Question three may be the most important because how we get anywhere is as critical as where we end up. Kids cheat in school because they think grades are more important than what they learn. They take short-cuts because they believe the longer, harder path has no value or because they are afraid of stumbling or of being seen as someone who stumbles. They are mean or cruel or uncaring often because they do not like themselves; they feel they cannot make the grade that will earn them a spot at That College. They begin to see others as competitors for those spots – not as fellow-journeyers. Diminished self-respect skulks alongside little respect for others. No one wins.

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A Matter of Legitimacy

January 9, 2017 | By | 1 Reply More
A Matter of Legitimacy

Barack Obama had to be delegitimized. In the brawl over the last eight years, perhaps they succeeded on a level not intended. They did not, I think, manage to delegitimize President Obama. Rather, they fulfilled one of Ronald Reagan’s rhetorical dictums and managed to delegitimize the idea of governance.

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Tony Robbins: Train your emotions

December 16, 2016 | By | Reply More

http://www.businessinsider.com/tony-robbins-explains-how-train-emotions-2015-12

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Election of Donald Trump will Expose our Empty Rhetoric

December 14, 2016 | By | Reply More

Donald Trump is surrounding himself with people who appear to be obsessed with short term profit taking, disregard for Constitutional principles, the trampling of the environment and military-minded xenophobia.

As this plays out for the next few years, we’ll be better positioned to see how much of the DNC governance of the past 8 years was empty rhetoric on these same issues. I’m not saying that there aren’t differences. In fact, I’m terrified that we are about travel backwards on many serious issues.

On the other hand, we’ve come from 8 years of an administration that was quite friendly to Wall Street, Health Insurers, Telecoms and other big industries that have essentially become consumer gouging monopolies or worse. Where was the DNC-led outcry as fracking became commonplace, as drones hit numerous innocents abroad, as we waged undeclared war on at least 6 Middle Eastern countries, and where government spying on U.S. citizens in the absence of probable cause continued to be business as usual? Did we cry out in protest as our state and federal governments approved budgets that crushed the abilities of schools to hire excellent teachers and provide them with necessary supplies. Did we speak out on the “war on drugs,” which destroys the lives of many non-violent users who crave street drugs that for the most part have legal equivalents peddled by Big Pharma?

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Carl Sagan Warns of the Dangers of the Lack of Education.

December 1, 2016 | By | 1 Reply More

Carl Sagan, last interview with Charlie Rose before his death in 1996. He warns of the dangers of lack of education and the potential for tyranny.

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How to Deal With Social Anxiety

October 23, 2016 | By | Reply More

Eric Barker offer a well researched post on how to deal with social anxiety. Here’s an excerpt:

  1. Mindfulness recommends “noting” troublesome thoughts like fear. Recognize and accept them to let them go.
  2. Neuroscience advocates “labeling.” (Frankly, this is a lot like noting but backed by some PhDs and an fMRI.)
  3. Stoicism has “premeditation.” That’s when you ask, “What’s the worst that could happen?” and realize it’s not that bad.
  4. Neuroscience also recommends “reappraisal.” This is reinterpreting your feelings with a new story that makes them less scary.

A random bunch of tips? Nope. So what do they all have in common? You gotta use your brain. You gotta think. Some might reply, “I am thinking, I’m thinking about all the awful stuff that could happen if I embarrass myself. In fact, I can’t STOP thinking about it!” But you’re not thinking. You’re reacting. Fight or flight. Like an animal would.

Here’s something Barker’s article that I didn’t appreciate.  Intense mental focus “smothers” anxiety.

When your thinking brain — the prefrontal cortex — is highly engaged, it slams the brakes on feelings. And you can use this trick deliberately. Anything that gets you thinking actively can smother anxiety.

This makes perfect sense, given the limited scope of attention. If you fill your head with challenging problem solving, there simply isn’t room for anxiety.  Barker suggests that one thing to focus your mind on is your fears–face your fears, and it will keep anxiety at bay.  Barker reminds that we are not our thoughts.   Therefore, instead of saying, “I’m feeling anxious,” say say, “There is anxiety.”  Instead, note the existence of scary thoughts.

I’ll keep this advice in mind.

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Why we SHOULD talk to strangers

September 4, 2016 | By | 2 Replies More

Kim Stark has made a career of talking to strangers. She made it her task to try to understand why she does that, in this TED talk. She has decided that it is better to use one’s perceptions than to use categories, such as the category of “stranger.” Using this category means that we are not treating others as fully human. There are other benefits. Some studies show that people are more comfortable opening up to strangers than to people they believe they know. We expect that people we know understand us–we expect them to read our minds. Not so with strangers, with whom we start from scratch. Sometimes they do understand us better. Maybe we need strangers, but how should we interact with them, how do we balance both civility and privacy, which are the guiding rules in the U.S. In other countries there are other rules. In Denmark, many folks are extremely adverse to talking to strangers.

Stark offers and exercise that involves smiling, and then “triangulation,” commenting on a third person or a thing. Or engage in “noticing,” such as complimenting the other person on something (and you can most easily talk to a stranger’s dog or baby). Or engage in “disclosure,” sharing a personal experience, and this tends to cause the “stranger” to reciprocate.

Stark’s main message is that we need to stop being so wary of strangers and to make a place for them in our lives.

At The Atlantic, James Hamblin follows up with his own explorations on talking to strangers.

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Bill Nye on the foolish concept of race

August 18, 2015 | By | 1 Reply More

I completely agree with Bill Nye on the issue of “race.” We should all reject the concept of “race.” It is wholly and completely unscientific. We are all of the same species: We are all human beings. Yes, we humans come with different skin colors and we have various features that differ based on our ancestry, but we are all human. In rejecting the concept of “race,” I would urge that we maintain and vigorously enforce laws that protect people from other people who foolishly continue to believe in “race” and act on that foolish belief. If we keep clinging to unscientific unsupported notions of “race,” though, we will FOREVER be divided for an idiotic reason, regardless of how well-intentioned our belief in “race.” Unfortunately, the belief in “race” has long been widespread; and it has long been institutionalized and repeatedly used as a tool for oppression, power and financial gain. Rooting it out of every little corner of the planet will be an immense task requiring that people listen closely to those who do careful science on this issue, and then do their utmost to recognize that every person is of the same species.

Nye does not reject that there are such things as social tribes but warns that they can be destructive: “There have always been tribes . . .but what we have to appreciate now is that we live in a global community. Tribal loyalties are fun when it comes to the Superbowl but they are not relevant when it comes to our future. We are all in this together.”

We can fully recognize the need to protect people from racism and racialism while rejecting the concept of race. In my view, we should all be fighting a two front war. Deny the existence of race while at the same time protecting people from the ravages of racism. To anticipate objections to this post, yes, race is social construct that is as real as any social construct. But it is inevitably and ultimately a destructive social construct. It’s time to dismantle it while carefully protecting people from bigots.

We can fully recognize the need to protect people from racism and racialism while rejecting the concept of race. In my view, we should all be fighting a two front war. Deny the existence of race while at the same time protecting people from the ravages of racism. I thought I made this clear. Yes, race is social construct that is as real as any social construct. It is an ultimately destructive social construct. Time to dismantle it while protecting people from bigots.

I’m too impatient to wait for those who embrace “race” to wear each other out with insults, wounds and killings. I’m certainly not willing to wait for an interplanetary diaspora. I want the stupidity (and consequent mistreatment of innocent human beings) to stop NOW. There is no need to wait any longer. We can get entirely rid of the notion of race while yet embracing friendships, communities, extended families and extended ancestry, as well as 80,000 types of diversity rooted in real life things. And let’s keep in mind that ALL of us have ancestry that undeniably extends to the same place: Africa. We are all ultimately African. Starting now, let’s seek diversity only in meaningful things, such as the content of our character.

It will take many people immense effort to break out of the racialist matrix. One of my early steps out was reading about Star-Bellied Sneetches, a book demonstrating that even young children understand the problem. The concept of race is poisonous–used for mischief wherever it is used What I propose is that we embrace people while rejecting race.

this topic really frustrates me because we are all victims of this “race” scam yet we all continue to cling to this empty dangerous concept that you can use a smattering of physical characteristics to judge an entire person. And why is it that a President who has a “white” mother and a “black” father end up being called “black” or “African American”? Are we that low on brain wattage that we oversimplify like this? Why do so many of us cling to race? Ask cui bono, to whom does it benefit? It benefits many in many ways. For some it provides evidence-free victimhood. For others, an instant community. For others, evidence free scapegoats. And for most of us, “race” is a concept born out of laziness – we don’t want to do the hard work of really getting to know each other

Addendum 9-8-15

Path dependence plays into this issue big time. If people had been getting along, oblivious to skin color or other trivial physical characteristics we associate with “race,” and if someone came along and suggested, “Hey, let’s start generalizing about what kind of person we are dealing with on the basis of ‘race,” a totally unscientific and incoherent concept that I have invented based on trivial physical characteristics of humans. As people with geographically correlated trivial characteristics intermarry over time, it will become more and more absurd to determine who is of what race. I propose in fact, that a President who has a “white” mother and a “black” father will be deemed “black,” and this will invite people to treat him/her with unwarranted presumptions as to what kind of person he/she is.” If someone had made that proposal in this hypothetical scenario, it would (or at least, in an intelligent world) SHOULD be immediately rejected as absurd, divisive and dangerous.

My conclusion: the only reason we continue to divide people by “race” is because ignorant people from long ago started doing so, and they did it for horrible reasons related to power-mongering and economic advantage.

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