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October 23, 2010

Saturday: Pre-Depression Era Moxie Music.

"Down on the heels, up on the toes, stay after school, learn how it goes." --Buddy De Sylva, Lew Brown, Ray Henderson

Posted by Holden Oliver (Kitzbühel Desk) at 12:04 PM | Comments (0)

October 21, 2010

Again, French workers protest cruel Anglo-Saxon work regimes.

We check in on the French work ethic frequently. This week, French citizens in several cities have been marching against proposals--long pushed by President Nicolas Sarkozy--that would raise the retirement (and pension) age from 60 to 62. See Richard Nahem's report at "French Pension Protests" at his I Prefer Paris. However, our friend Richard says not to cancel your trip to Paris. French protesters who want to work less are apparently not dangerous or life-threatening. Just annoying.

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Posted by Holden Oliver (Kitzbühel Desk) at 11:59 PM | Comments (2)

October 20, 2010

Scott Abeles: On SCOTUS players--and clients.

Are U.S. Supreme Court stars always worth it? Washington, D.C. litigator and appellate lawyer Scott Abeles writes about the "Supreme Court Practice's Turks, Clerks, and Quirks" at his recently launched site Quiet Desperation. Excerpts:

The upshot is not that clients should decline to add top Supreme Court practitioners when presented with the opportunity to put one to a case. Rather, it is that clients must do the homework.

Ask a trusted contact at the firm what he or she thinks of the addition. Ask another. Do I really need this person? Who is pushing the addition?

How will the Turk improve the case? Who will really be doing the work? Who comes with the Turk?

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Scott M. Abeles

Posted by Holden Oliver (Kitzbühel Desk) at 12:00 AM | Comments (0)

October 19, 2010

National Writing Day: Blawg Review #286

This week's Blawg Review is a soulful meditation on writing. It's also a kind of ode to us unsung rubes who've loved to write, slaved away at it, and done it in declasse English for the past six centuries. And BR #286 of course, as usual, offers more. Do note that tomorrow, October 20, is the 2nd annual National Day on Writing.

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Posted by JD Hull at 11:59 PM | Comments (0)

More Unmaskings: Bravo, Carla Franklin.

So now maybe we can start having fair fights--and know where to serve that summons. This is a "privacy" issue? A privacy issue? No, it's not. Get the net. Most of the press coverage (i.e., OMG, accountability has trumped "privacy"!) on the Carla Franklin saga must have been written by 27-year-olds who spent J-school trying out different glues. "Privacy" on the Net doesn't carry with it the right to be a no-name rock thrower. You want to be cool--and maybe lob one in there at the enemy? Fine. Use your real name. You can even be a "bully"--we could care less. We just need bullies with real names. See in last Friday's New York Daily News "Judge Orders Google To Unmask YouTube Cyberbully Who Attacked Columbia MBA Graduate".

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Posted by JD Hull at 11:47 PM | Comments (0)

Stephanie West Allen: On Changing, Evolving, Growing--Millennials, Boomers, and other Humans.

These are the Big Changes in personality and spirit: an overhaul or re-wiring of the brain, and an unfurling of the soul that often comes with it.

You hear it your whole life--from friends, family, and co-workers. They say that "people don't change".

From personal observations alone, I'm persuaded that they are 100% wrong. Take positive changes. People do make them, if slowly, and often with difficulty, in both fundamental and subtle ways. The best and biggest changes are often born in personal pain and crisis. And what about negative, "neutral" (or trivial), and even goofy changes? We all make these lesser, mild and unintended changes--and we do it all the time. We make them even if at heart we are hopeless, faithless, or lazy about the prospects of personal or professional blossomings.

For years, scientists have agreed that people change whether they want to or not. The trick is to harness the power of your brain to make the "good" changes--the ones that make sense for us--happen. We also call this growth.

Stephanie West Allen, a Denver-based mediator and consultant, has made a career of the study and utility of how people can and do change on all sides of difficult issues. The notion that people can change--fundamentally or in other ways--has interested me most of my life, beginning in childhood. Last year, when I first met Stephanie over the phone, and I later spent a couple of days with her in a Midwestern city, I was excited to know that someone (and with a law background, no less) was living and breathing it. The subject, of course, was not on the agenda of the meetings she and I were attending, and so I kept my exhilaration about it to myself.

But I kept thinking about it, and still do.` When I can, I read about the science of garden variety "human change".

Do note that the idea here--and Stephanie's work--is not about mere "consensus" or even "compromise". It's about the processs of starting to change and expand the way you think. There's a big difference making a deal (with yourself or with others) and real growth. As the actor William Hurt, who likes to work the idea of change and growth into his lines, might say with obvious irony: "I was merely evolving". These are the Big Changes in personality and spirit: an overhaul or re-wiring of the brain, and an unfurling of the soul that often comes with it.

Does that require pain and loss? Well, maybe. It certainly requires "work" on a scale that few are strong enough, and privileged enough, to undertake. My humble advice, to myself, and to others: wake up, get a plan, and try to change yourself anyway. Get bigger. Life is not only short; most of us are missing an awful lot of it.

To get a quick glimpse of what I mean, do read Stephanie's article, in the current issue of the ABA's Law Practice Today, entitled "Rules of Engagement: Generation Y". It's thoughtful and immediately useful. And I liked the way she concluded the article with "Remember that different is not necessarily wrong". Good for her she added the word "necessarily". Some things--like lawyers of any generation putting a client first--are just wrong to change. Let's not mess with that one.

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Stephanie West Allen writes two well-known blogs: Brains On Purpose™, about neuroscience and conflict resolution, and Idealawg.

Posted by JD Hull at 12:00 AM | Comments (0)