Senator Ted Cruz Invites Eric Weinstein to Diagnose the United States

It is critically important for you to watch this one-hour video, "The Verdict," Hosted by Senator Ted Cruz. If you are thinking "Why the fuck would I want to see any show hosted by Ted Cruz, you are a big part of the problem, because on this show (released July 23) Cruz has reached far from his comfort zone, inviting Eric Weinstein as a guest. If you are worried about the future of the United States, I guarantee that you have an hour for this.

I follow Eric Weinstein on Twitter and on the "Dark Web" because he is consistently brilliant. I found this video on Weinstein's Twitter feed. I didn't quite know what to expect if you put Eric in the same room as Ted Cruz, but it was riveting, and I respect Cruz for giving Weinstein lots of space to present ideas that are highly critical of both the left and the right. The resulting conversation was not out of any typical political playbook and it offers promising new ways to conceptualize intransigent national conundrums.

Topics included the abject failure of both political parties. The rise of the Maoists on the Left. The fact that the moderates of the two dominant parties need to jettison their extremes and come together. "WTF happened in 1971?" The fact that "rent-seeking" (the practice by which the source of one's wealth is non-productive) has destroyed national growth; the resulting economic stress is exposing social pathogens that have always been around, but they are now more visible. The modern media as Shakespeare's character of Iago, poisoning our national dialogue at every turn. "Russell Conjugations" (referencing Bertrand Russell). Our failure to practice "Critical Feelings" (as opposed to critical thinking) ("Most of our feelings are not OUR feelings, but feelings that we inherit through daily programming, convincing us that those people that think differently than us are evil." The failures of universities. The lies about immigration that are a cover-up to a scheme to exchange citizenship for free university labor. That a successful national response to COVID-19 should have been a "layup," and what this failure says about us (our entire leadership class of both parties is "unworkable").

[Ted Cruz]: How do we get from Othello to midsummer night's dream?

[Eric Weinstein]:

The key issue is that we have to start talking about our own failures. What I hope you've heard is that I'm willing to call out the Left, the right, and the libertarian. The libertarian problem is that it doesn't work to pretend that we're all atomistic. We see that with respect to contagion and masks and the like. Arnold Kling has this beautiful description. He says that you have three Groups: progressives conservatives and Libertarians. Libertarians are animated principally by hating coercion, progressives are animated principally by hating oppression, and conservatives are principally animated by needless loss of hard-won traditions and gains over past generations. The answer is that any sensible person should want to make sure that they're optimizing among the three, and not to become part of a simplistic situation whereby they so hate coercion or so hate oppression that they lose sight of the entire picture and therefore lose the plot of the American Project.

Continue ReadingSenator Ted Cruz Invites Eric Weinstein to Diagnose the United States

A Clever Picture in a Legal Proceeding is Worth a Thousand Words

Our “distinct” professions often have a lot in common and that recently came to life. I’m a trial lawyer and my girlfriend, Renée Kennison, works in marketing as a creative concept developer. Among other things, both of us shape and distill ideas for maximum impact. There is a science, but also an art, to doing this well. We often look over each other’s shoulders as we work. Two days ago, it was Renée's turn to play lawyer.

I had been struggling to think of a good way to make an argument in an arbitration. I represented a married couple who had been the victim of fraud committed by a time share resort. One of the many issues of the case is that the resort was obligated by Missouri law to disclose in writing at the time of the sale that the couple had five business days from the date of the sale to rescind the deal. Missouri law allows time share purchasers to do this by merely sending a letter to the resort. Missouri law requires the resort to make this written disclosure in a precise way. The written disclosure needs to be 18-point type and it needs to have precise wording. Here’s the law:

Instead of simply printing this language as-is on a piece of paper and handing it to the couple, the resort played cute. First of all, the timeshare closing involves 50 pages of documents, many of them filled with with fluff and others with legalese. It's comparable to attending a real estate closing for a residence. Second, the resort camouflaged the disclosure by sandwiching the disclosure between two irrelevant paragraphs of fluff. It also made the entire disclosure document 18-point bold type to hide the important part of the notice, the part that gives the purchasers 5 days to cancel the deal, no questions asked. Also, instead of putting the word “Notice” at the top of the sheet as a warning to pay special attention to the notice, the resort tucked the word “Notice” into the text as though it were a verb. I can’t disclose the actual facts of this case because the resort contract forces this case to be in confidential arbitration, but the resort printed something comparable to this as its “cancellation notice”:

DEAR NEW OWNERS!

WELCOME TO OUR JOYOUS FAMILY OF RESORT OWNERS. IT IS GREAT TO HAVE YOU IN OUR FAMILY AND WE HOPE YOU ARE SO HAPPY BEING PART OF OUR COMMUNITY. PLEASE REFER YOUR FRIENDS AND FAMILY TO US, SO THAT THEY CAN BUY TIMESHARES TOO.

NOTICE YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHIN FIVE DAYS AFTER THE DATE OF THIS AGREEMENT. CANCELLATION MUST BE IN WRITING AND IF SENT BY MAIL, ADDRESSED TO THE OTHER CONTRACTING PARTY AS SHOWN ON THIS AGREEMENT, CANCELLATION WILL BE ACCOMPLISHED AT THE MOMENT THE LETTER IS POSTMARKED. IF SENT BY MAIL, THE LETTER MAY BE CERTIFIED WITH A RETURN RECEIPT REQUESTED. YOUR RIGHT TO CANCEL CANNOT BE WAIVED.

AGAIN, IT’S GREAT TO HAVE YOU IN OUR COMMUNITY. ENJOY HIKING, BIKING AND ALL OF THE OTHER AMENITIES. NEVER HESITATE TO REACH OUT TO US IF WE CAN BE OF ASSISTANCE TO YOU. YOU ARE IMPORTANT TO US. NOW GO ENJOY YOUR RESORT.

The resort is claiming that it followed the law simply because all the statutorily-required words appear in their written notice.   I was looking for a way to make a high-impact argument that the resort’s method of disclosing the 5-day right to cancel violated both the terms and the spirit of Missouri Law. After hearing my concern, Renée said, “What the resort has done is like creating a highway sign that hides the important warning in between two unimportant things. Perfect! Renée offered to create an image for me, and I used her image today in my closing argument:

I argued the case today. In a few weeks, we'll see whether my clients prevail.

Continue ReadingA Clever Picture in a Legal Proceeding is Worth a Thousand Words

Sit back and Enjoy this Burrito

No, you don't get to eat a burrito. You get to watch this dog finesse one down. And the dude next to the dog nails the supporting role.

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How to Become an Award-Winning Woke Researcher Overnight, and Why this is a Terrible Thing for Civil Rights in America.

How to become an award-winning Woke all-star author instantly, and why the success of this pranking-seeming project is a terrible thing for civil rights in America. Special Honor to physicist Alan Sokal for pioneering this approach to pouring sunshine on nonsense. James Lindsay, Peter Boghossian and Helen Pluckrose did the hard work to make this happen.

Continue ReadingHow to Become an Award-Winning Woke Researcher Overnight, and Why this is a Terrible Thing for Civil Rights in America.