87 Matching Annotations
  1. May 2019
    1. Avoid importing online Anki decks. Similar to note taking, your own materials have better retention and comprehension.

      I would definitely import relevant online Language decks filled with tons of glossaries on foreign languages i.e other's years of hard work, but yeah, I would not import others' programming/science notes/cards/decks for sure. ✌🏽

  2. Dec 2018
  3. gutenberg.net.au gutenberg.net.au
    1. sir

      Mr. Heywood has a point regarding resort areas. Connecting this to modern day resorts, when these things pop up, the prices of everyday things are inflated. This results in the residents of the area not being able to afford to live there and become impoverished.

    2. see his partner.

      Does this refer to a surgeon's assistant?

    3. For objections

      Charlotte is surprised that Lady Denham's objections to having more people stay at her home are not based in her affection and duty toward Miss Clara, but because she doesn't want to pay her housemaids for doing the extra work involved.

    4. poor Mr. Hollis

      Lady Denham obviously favored her second husband over her first, even though Mr. Hollis left her with an inheritance, which is much more useful than a title.

    5. Mr. Arthur Parker

      Mr. Arthur Parker seems interested in the Miss Beauforts as earlier he thought a short walk to Trafalgar to be a lot of exercise, but he is willing to do a bit more to see the ladies. He is one of several single men in Sanditon and he is likely a contender to be a part of a marriage plot. This is assuming that, like all of Austen's other novels, Sanditon contains a marriage plot.

    6. unfavourably

      The question is why Charlotte should view the meeting between Sir Edward and Miss Clara Brereton as bad for the latter. Is it because Charlotte already formed an unfavourable opinion of Sir Edward as being a lover of Miss Clara's while talking "nonsense" to Charlotte in order to annoy Clara and appear an admirer of hers too? Charlotte finds Sir Edward tiring and may think he is, despite his title, beneath Clara. However, Charlotte does note that Clara's poverty makes her acceptance of Sir Edward's attentions more understandable. If so, then Austen is acknowledging the need for women to consider economic benefits to marriage, while also possibly giving her support to the idea of love in marriage.

    7. having her distress

      Camilla (1796) by Frances Burney, a popular romanticist novel. In Camilla, the titular character has many misadventures concerning love and relationships. This reference could either be a funny nod or light foreshadowing. Source).

    8. devotion to Clara

      When considering class distinctions, it will be interesting to see how this relationship will play out.

    9. Charlotte

      It is strange that Charlotte is accompanying the Parkers when her own parents only just met them. This plot point is similar to the moment that Catherine Morland stays with the Tilneys, even though her family doesn't know them at all.

    10. already

      I personally find it odd that the gentleman (who notably has not yet been named) has no reaction to his sprained ankle and is able to speak so eloquently through the pain.

      An article about Regency treatment for fractured bones:

      https://janeaustensworld.wordpress.com/2010/10/08/setting-a-broken-bone-19th-century-medical-treatment-was-not-for-sissies/

    11. impropriety

      Miss Diana Parker's request to ask Lady Denham for money for various people that she does not know from a woman she likely does not know very well seems very impolite. Also, considering how little Lady Denham likes to part with her money, Diana's comments would be particularly provoking.

    12. remove suspicion

      This suspicion is in reference to Lady Denham thinking Charlotte has a desire to pursue Sir Edward, or that Charlotte may be misinterpreting Sir Edward's behaviour towards her believing he is forming an attachment to her. Lady Denham clearly wants to convey the message that Sir Edward is not available.

    13. an additional burden

      This sentence is particularly cruel towards Clara, and represents a shift through free indiret discourse from the narrator's perspective to the perspectives of one of the characters. However, it is difficult to determine whether or not the opinion is that of Lady Denham or Mr. Parker.

    14. Charlotte listened

      This chapter is extremely unusual. It's been almost entirely exposition, but now we're tossed back into a scene in which Charlotte is listening.

    15. Links to common words/themes throughout the annotations

  4. Nov 2018
    1. “My first exposure to hospital medicine was through Drs. Chris Landrigan and Vinny Chiang as an intern in Boston. I was impressed by their clinical mastery and teaching. I then did my first research project with Chris, which led to a publication in Pediatrics. I had previously thought about intensive care or emergency medicine for fellowship, but I was excited about the general nature, growth opportunity, and ability to drive health system change in hospital medicine. I think that growth and ability to drive health system change in hospital medicine has grown exponentially since I finished residency, so the field has more than lived up to its potential and has more room to grow in terms of impact.”

      Patrick Conway

    2. “I’ve been continually surprised at the growth of the field and SHM. My view has evolved from ‘Is this for real?’ to ‘How can hospital medicine make healthcare better for patients on a broad scale?’ The latter view has gone through iterations. We witnessed HM make hospitals more efficient, then we saw hospitalists drive safer, less harmful care. Most recently, hospitalists are embarking on deep change through alternative payment models like bundled payments. In terms of SHM, we endeavored to keep a ‘big tent’ since the many flavors of hospitalists all are united by a deep conviction to make hospitals safer, kinder, and higher-functioning places for the people inhabiting them—patients, caregivers, healthcare professionals. I’m humbled and gratified that we have been able to keep SHM a viable home for all hospitalists after 20 years.”

      Win Whitcomb

    3. “I think the future of hospitalists is actually outside of the hospital and helping to keep patients healthy. Hospitalists are really good at taking care of the most sick, complex patients who are at the highest risk of healthcare utilization. While hospitalists predominantly do this for patients in the hospital, hospitalists are starting to play a larger role in post-acute care and trying to target interventions to improve health for high-risk patients. Not surprisingly, we are starting to see extensivist models, including Comprehensive Care Physicians, grow out of existing hospitalist groups.”

      Vineet Arora

    4. “As I was finishing my residency in the mid 1990s, I told folks I wanted to find a job ‘only doing inpatient medicine.’ People laughed at me. Within five years, hospitalist medicine was developing on the East Coast, and people were no longer laughing. … Hospitalists will be at the center of this brave new world [of episodic care] since they assist in the liaising between patient, PCP, specialist, and acute-care provider. It is incumbent upon us to help explain things in a manner easily understood by the patient and to be committed to high-quality care with an eye for value and cost containment.”

      Jill Slater Waldman

    5. “The hospitalist movement has been a remarkable success. I heard of it from my friend Bob Wachter and since then have learned much from him and many others. … Hospitalists have and will continue to play a key role in improving patient safety, quality, patient experience, value, and healthcare equity. SHM has taken a leadership role to help ensure hospitalists have the skills and resources to do this.”

      Peter Pronovost

    6. “The emergence of the field of hospital medicine has been one of the most important developments for quality of care in hospitals over the past 20 years. Taking full advantage of this opportunity will require the field to broaden its focus from one that primarily emphasizes the care of patients while they are hospitalized to one that encompasses patients’ full trajectories through the continuum of care. To realize their full potential as quality improvement leaders, hospitalists will need to position themselves as experts in health system quality and safety. Specifically, they will need to take ownership of the vital processes of effectively communicating across transitions of care.”

      Mark Chassin

  5. Sep 2018
  6. Jul 2018
  7. Mar 2018
    1. I think textbook writers and publishers have the responsibility to tell learners that ています has more than one function.

      In any kind of textbook, if there is an aspect to a concept which will cause confusion in the future, it should be covered, even if only in a footnote, so that the reader can study it on their own.

  8. Feb 2018
  9. Nov 2017
    1. doctoral programs that are focused on preparing future faculty must consider the multiple responsibilities these young professionals will encounter as they enter the professoriate.

      I whole heartily agree!

  10. instructure-uploads.s3.amazonaws.com instructure-uploads.s3.amazonaws.com
    1. flounder in ignorance

      I don't like the notion of floundering in ignorance or sharing "our" self-evident truth. The understanding of the child is their self-evident truth. They are only ignorant to what is viewed as correct, their understandings are true and logical to them and should not be dismissed. This creates the deficit mindset and stalls learning

  11. Oct 2017
    1. Anti-vaccinations groups, for example, have reliedon viral videos to sell the panic of vaccination side-effects

      Unfortunately, this is very true. We can say the same about fake news. Such practices can contribute to hurting the validity of the overall data. The Twitter data is not collected with systematic investigation or systematic collection methods. This data collection method heavily relies on “public opinion”. I do think that if one wants to find general public sentiment or general public opinion, this is a great way to do it.

  12. Sep 2017
    1. fifth grade as a year of remediation.

      This is terrifying to think that 5th grade is considered almost a gateway grade for future success and thus requires remediation...

    1. Calling people out using the constructionist ideals — The American government is not living up to their high ideals.

      Poetry as a way to express frustration when there is no way to go up against actual US military power. A weapon of the weak; a powerful message.

  13. May 2017
  14. Feb 2017
    1. biochemical aspects of photosynthetic carbon reduction (Calvin cycle) are now comprehensively understood. The transduction of light energy into chemical potential energy is not so well understood, while events surrounding photosynthetic electron flow are defined in some detail and are described here, biophysical processes within the water-splitting apparatus of chloroplasts, and indeed the manner in which photons are captured and their quantum energy harnessed for photolysis, remain something of an enigma and fall outside the scope of our present account.

      This is an interesting perspective on the state of the field. I've never thought about it this way.

  15. Nov 2016
    1. Hillary Clinton es la personificación de la palabra establishment. Desde que en 1979 se convirtiera en la primera dama de Arkansas, su nombre ha sido sinónimo de política. Nunca fue una primera dama al uso, ella quería tener una voz propia, se negaba a ser la sombra de su marido, algo que siempre ha molestado entre los círculos conservadores. Se la ha acusado de impertinente, de antipática y de poco carismática. Pero lo que más molesta de Clinton es el secretismo con el que ha gestionado su carrera.
  16. Oct 2016
  17. Sep 2016
  18. Jul 2016
    1. Adults are looking down on teens who use marijuana because of the setting the teens are using them in.

      i actually disagree because if u think about it marijuana is not all that bad. marijuana does have some effect but marijuana couldn't eat up your mind like that to use cocaine. i could be wrong but i also think people have different opinions

  19. Jun 2016
    1. How’s your film history? When I say, “Fatty Arbuckle,” what comes to mind? The film comedian who raped a girl with a Coke bottle and killed her, right? When you do your homework, you discover not only that there was no Coke bottle, but that Arbuckle had nothing to do with the woman’s death and was fully exonerated in court.

      The guy was totally innocent. https://en.wikipedia.org/wiki/Roscoe_Arbuckle

    2. There is also the matter of the system that we—the liberal elite—are quietly creating in which all abuse claims are trusted at face value and any questioning of them is subsequently shamed. I understand that a big part of our culture, our rape culture, is founded on ignoring or disbelieving victims and the societal imperative among the sensitive and educated is to correct that. But without scrutiny even where it’s uncomfortable, we are putting justice at grave risk. So are abuse victims, thereby, at grave risk. Weide’s exercise strikes me as morally sound, at heart.
  20. Oct 2015
    1. AMPK activation led to the activation of Rac GTPase and the phosphorylation of myosin regulatory light chain (MRLC).

      I don't necessarily agree with this.

  21. Apr 2015
    1. Now some news organizations are instead placing higher value on being right even if that means not being first in reporting a story.

      I have seen no evidence that this is true; in breaking stories, all sorts of misinformation is put out very quickly by all the major news outlets, just to be first it seems.

  22. Feb 2014
    1. “We think,” they say, “that it is unjust to carry women off. But to be anxious to avenge rape is foolish: wise men take no notice of such things. For plainly the women would never have been carried away, had they not wanted it themselves.

      Hdt. 1.4 Persian opinion of carrying women off and avenging rape.

    1. What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

      Extraction. What rationale is important to include in a brief?

    2. Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information. Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

      Why highlight?

    3. In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

      Why annotate a legal brief?

    1. Dissent 1: Rehnquist (joined by White): A. "Liberty" not found in the Bill of Rights is not absolutely protected because RULE: the correct test for social and economic regulation is whether the law has "rational relation to a valid state objective." B. The majority ignores that rule. The trimester scheme is "judicial legislation" and historical legal prohibitions show abortion is "not so rooted in the traditions and conscience of our people as to be ranked fundamental" because the drafters of the 14th Amendment did not intend to limit the states' ability to regulate abortion. Dissent 2: White: A. There is "Nothing in the language or history of the Constitution to support the Court’s judgment," so the majority’s decision must be a "raw exercise of judicial power" that is "improvident and extravagant." B. The decision whether to allow abortions or not should be left to the people of the states and their legislatures—in other words, the political process.
    2. Concurrence 1: (Stewart): a right to abortion comes ONLY from 14th Am. "liberty," not "penumbra" of Bill of Rights. Concurrence 2: (Burger): there is a right to an abortion, but the court should give more leeway to medical safeguards. Concurrence 3: (Douglas): there is a right to abortion, but this comes from a BROAD right of privacy.
    3. Sample Model Case Brief (Should be ONE page (Typed) MAXIMUM!):
    1. How To Write a Case Brief

      Global context of tags to inherit for this document

    2. Concurring/Dissenting Opinion: You don’t need to spend too much time on this part other than the pinpoint the concurring or dissenting judge’s main point of contention with the majority opinion and rationale. Concurring and dissenting opinions hold lots of law professor Socratic Method fodder, and you can be ready by including this part in your case brief.
    1. Concurri ng and/or Diss enting Opinio ns. Concurring and dissenting opinions (a.k.a. “concu rrence s” and “dissents”) are opinions by judges w ho did not se e entire ly e ye -to-ey e with the other judges of the court, and wish to express a slightly or even dramatically diff erent view of the case. In g en er al , a co nc ur ri ng op in io n i s a n o pi ni on by a judge who would have reached the same result as the majority, but f or a different reason. Dissenting opinions are opinions by judges who disagree with the majority’s result entirely. I n most cases, dissenting opinions try to persuade the reader that the majority ’s decision was simply incorre ct.
    1. The cases on the subject are collected in a footnote to Somerset Bank v. Edmund, 10 Am. & Eng. Ann. Cas. 726; 76 Ohio St. Rep. 396, the head-note to which reads: "Public policy and sound morals alike forbid that a public officer should demand or receive for services performed by him in the discharge of official duty any other or further remuneration or reward than that prescribed or allowed by law." This rule of public policy has been relaxed only in those instances where the legislature for sufficient public reason has seen fit by statute to extend the stimulus of a reward to the public without distinction, as in the case of United States v. Matthews, 173 U.S. 381, where the attorney-general, under an act for "the detection and prosecution of crimes against the United States," made a public offer of reward sufficiently liberal and generic to comprehend the services of a federal deputy marshal. Exceptions of that character upon familiar principles serve to emphasize the correctness of the rule, as one based upon sound public policy.

      1) A public officer cannot demand or receive remuneration or a reward for carrying out the duty of his job as a matter of public policy and morality

      2) However, it is not against public policy for a police officer to receive a reward in performance of his legal duty if the legislature passes a statute giving the reward to the public at large in furtherance of some public policy - such as preventing treason against the US.

    2. MINTURN, J. The plaintiff occupied the position of a special police officer, in Atlantic City, and incidentally was identified with the work of the prosecutor of the pleas of the county. He possessed knowledge concerning the theft of certain diamonds and jewelry from the possession of the defendant, who had advertised a reward for the recovery of the property. In this situation he claims to have entered into a verbal contract with defendant, whereby she agreed to pay him $500 if he could procure for her the names and addresses of the thieves. As a result of his meditation with the police authorities the diamonds and jewelry were recovered, and plaintiff brought this suit to recover the promised reward.
      • Plaintiff makes a verbal contract with defendant. In return for $500, plaintiff will find defendant's stolen jewels.
      • Plaintiff had knowledge of whereabouts of jewels at contract formation.
      • Plaintiff is a special police officer and has dealings with prosecutor's office.
      • Defendant published advertisement for reward.
      • Plaintiff finds stolen goods and arranges return.
    3. The judgment below for that reason must be reversed.

      Court reverses decision of lower court in favor of the plaintiff since he was characterized as a public official.

    4. The testimony makes it manifest that he was a special police officer to some extent identified with the work of the prosecutor's office, and that position, upon well-settled grounds of public policy, required him to assist, at least, in the prosecution of offenders against the law. The services he rendered, in this instance, must be presumed to have been rendered in pursuance of that public duty, and for its performance he was not entitled to receive a special quid pro quo.
      • Court finds sufficient evidence to characterize this fellow as a public official.

      • His interaction with the prosecutor's office weighed in as a factor in suggesting he had a legal duty.

      • Since he is characterized within the rule as a public official, he cannot, as a matter of law, receive a reward for the performance of his duties.

    5. The District Court, sitting without a jury, awarded plaintiff a judgment for the amount of the reward, and hence this appeal.
      • Cop sues for reward money.
      • District court awards money to the cop.
      • Defendant appeals.
    6. Various points are discussed in the briefs, but to us the dominant and conspicuous inquiry in the case is, was the plaintiff, during the period of this transaction, a public officer, charged with the enforcement of the law?
    7. STEPHEN GRAY, RESPONDENT, v. THERESA D. MARTINO, APPELLANT Supreme Court of New Jersey 91 N.J.L. 462; 103 A. 24 February 2, 1918, Decided

      Gray (cop) v. Martino (crime victim)

      type: respondent

      • role: cop
      • abbrev: Gray
      • name: Stephen Gray

      type: appellant

      • role: crime victim
      • abbrev: Martino
      • name: Theresa D. Martino
    8. Dicta Dicta refers to anything that isn't relevant to the case's holding. Often judges will use a case to expound upon their theories of the law. The theories may not be relevant to the case at hand, but it gives the judge a chance to give direction to the lower courts by putting the theory in writing. Dicta does not carry weight as a precedent. But it's useful to note how the court might have ruled given a different set of circumstances.

      dicta refers to anything that isn't relevant to the case's holding.

    9. THE ELEMENTS OF BRIEFING Procedural History Legal Issue Facts of Case Statement of Rule Policy Dicta Reasoning Holding Concurrence Dissents

      The Elements of Briefing

      • Procedural History
      • Legal Issue
      • Facts of Case
      • Statement of Rule
      • Policy
      • Dicta
      • Reasoning
      • Holding
      • Concurrence
      • Dissents
    1. Reasoning The reasoning gives the reader insight into how the court arrived at its decision. It is instructive in nature. Courts often back their holdings with several lines of reasoning, each of which should be summarized in this section. Unnecessary repetition of facts or the issue should be avoided. A court�s rationale for its holding might be a simple explanation of its thought process. Alternatively, the reasoning might be based on the plain language of the statute, Congressional intent, the re-enactment doctrine, or other common means of resolving judicial disputes.

      Several lines of reasoning may be used to back the Court's holdings and may be:

      • a simple explanation of the Court's thought processes
      • based on the plain language of the statute
      • congressional intent
      • re-enactment doctrine
      • other common means of resolving judicial disputes (what are those?)
    2. Holding As the issue�s complement, the holding consists of two parts: (1) a “yes” or “no” conclusion to the brief�s issue and (2) the rule of law the court establishes. The rule of law is a guidepost that courts use to decide future cases based on the legal concept of stare decisis (judicial tendency to follow prior decisions).

      The holding has two parts:

      1) A decision on the legal issue (yes/no)

      2) The rule of law the court establishes

    3. Beginning the issue with “are” or “is” often leads to a clearer and more concise expression of the issue than beginning it with “may,” “can,” “does,” or “should.” The latter beginnings may lead to vague or ambiguous versions of the issue. Examine the following alternative statements of the judicial issue from Aiken Industries, Inc. (TC, 1971), acq.: Issue 2 (Poor): Are the interest payments exempt from the withholding tax? Issue 2 (Poor): Should the taxpayer exempt the interest payments from withholding tax? In the first version of issue 2 above, to which interest payments and which withholding tax is the writer referring? The issue does not stand alone since it cannot be precisely understood apart from separately reading the brief�s facts. The extreme brevity leads to ambiguity. In the second version, the question can be interpreted as a moral or judgment issue rather than a legal one. Whether the taxpayer should do (or should not do) something may be a very different issue than the legal question of what the law requires. A legal brief, however, should focus on the latter. Rewriting issue 2 as follows leads to a clearer expression of the precise issue: Issue 2 (Better): Are interest payments exempt from the U.S. 30% withholding tax when paid to an entity established in a tax treaty country for no apparent purpose other than to escape taxation on the interest received?

      Extreme brevity leads to ambiguity. The summary of the issue should be written to avoid opening the question to interpretation as a moral or judgment issue; instead focus on the legal question.

    4. Issues should be stated so that they “stand alone.” That is, issues should be completely understandable without reference to the facts or other sections of the brief or judicial decision. Use of the definite article “the” indicates that the issue does not stand alone when it alludes to prior information.

      The summary of the issue should "stand alone" or be self-contained such that enough context and background is included in the summary to not have to refer to the document it came from.

      I think this is an important pattern to use elsewhere, as well.

    1. dural issue : What is the appealing party claiming the lower court did wrong (e.g., ruling on evidence, jury instructions, granting of summary judgment, etc.)?

      Procedural issue. What is the appealing party claimin ghte lower court did wrong:

      • ruling on evidence
      • jury instructions
      • granting of summary judgment
    2. antive issue : A substantive statement of the issue consists of two parts -- i. the point of law in dispute ii. the key facts of the case re lating to that point of law in dispute (legally relevant facts) You must include the key facts from the case so that the issue is specific to that case. Typically, the disputed issue involves how the court applied some element of the pertinent rule to the facts of the specific case. Resolving the issue will determine the court’s disposition of the case.
      • the point of law in dispute
      • the key facts of the case relating to that point of law in dispute (legally relevant facts)
    3. b. Identify legally relevant facts, t hat is, those facts that tend to prove or disprove an issue before the court. The relevant facts tell what happened before the parties enter ed the judicial system. c. Identify procedurally significant facts. You should set out (1) the cause of action (C/A) (the law the plaintiff claimed was broken), (2) relief the plaintiff requested, (3) defenses, if any, the defendant raised.
    4. Identify the relationship/status of the parties (Note: Do not merely refer to the parties as the plai ntiff/defendant or appellant/appellee; be sure to also include more descr iptive generic terms to identify the relationship/status at issue, e.g., buyer/seller, employer/employee, landlord/tenant, etc.)

      Identify the factual relationship of the parties, not just the procedural relationship.

      Examples of procedural:

      • plaintiff/defendant
      • appellant/appellee

      Examples of factual:

      • buyer/seller
      • employer/employee
      • landlord/tenant
    5. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing aids your memory. Briefs help you remember the cases you read (1) for class discussion, (2) fo r end-of-semester review for final examinations, and (3) for writing and analyzing legal problems.

      Briefing a case helps you understand it and acquire skills of:

      • case analysis
      • legal reasoning

      Case briefing is good for:

      • aids memory
      • class discussion
      • end-of-semester review for final exams
      • writing and analyzing legal problems
    6. nctions A. A case brief is a dissection of a judici al opinion -- it contains a written summary of the basic components of that decision. B. Persuasive briefs (trial and appella te) are the formal documents a lawyer files with a court in support of his or her client’s position

      Distinctions

    1. A CAUTIONARY NOTE Don’t brief the case until you have read it through at least once. Don’t think that because you have found the judge’s best purple prose you have necessarily extracted the essence of the decision. Look for unarticulated premises, logical fallacies, manipulation of the factual record, or distortions of precedent. Then ask, How does this case relate to other cases in the same general area of law? What does it show about judicial policymaking? Does the result violate your sense of justice or fairness? How might it have been better decided?

      Read the case to identify:

      • unarticulated premises
      • logical fallacies
      • manipulation of the factual record
      • distortions of precedent.

      Then ask:

      • How does this case relate to other cases in the same general area of law?

      • What does it show about judicial policymaking?

      • Does the result violate your sense of justice or fairness?

      • How might it have been better decided?

  23. Jan 2014
    1. The Data Life Cycle: An Overview The data life cycle has eight components: Plan : description of the data that will be compiled, and how the data will be managed and made accessible throughout its lifetime Collect : observations are made either by hand or with sensors or other instruments and the data are placed a into digital form Assure : the quality of the data are assured through checks and inspections Describe : data are accurately and thoroughly described using the appropriate metadata standards Preserve : data are submitted to an appropriate long-term archive (i.e. data center ) Discover : potentially useful data are located and obtained, along with the relevant information about the data ( metadata ) Integrate : data from disparate sources are combined to form one homogeneous set of data that can be readily analyzed Analyze : data are analyzed

      The lifecycle according to who? This 8-component description is from the point of view of only the people who obsessively think about this "problem".

      Ask a researcher and I think you'll hear that lifecycle means something like:

      collect -> analyze -> publish
      

      or a more complex data management plan might be:

      ask someone -> receive data in email -> analyze -> cite -> publish -> tenure
      

      To most people lifecycle means "while I am using the data" and archiving means "my storage guy makes backups occasionally".

      Asking people to be aware of the whole cycle outlined here is a non-starter, but I think there is another approach to achieve what we want... dramatic pause [to be continued]

      What parts of this cycle should the individual be responsible for vs which parts are places where help is needed from the institution?

    2. An effective data management program would enable a user 20 years or longer in the future to discover , access , understand, and use particular data [ 3 ]. This primer summarizes the elements of a data management program that would satisfy this 20-year rule and are necessary to prevent data entropy .

      Who cares most about the 20-year rule? This is an ideal that appeals to some, but in practice even the most zealous adherents can't picture what this looks like in some concrete way-- except in the most traditional ways: physical paper journals in libraries are tangible examples of the 20-year rule.

      Until we have a digital equivalent for data I don't blame people looking for tenure or jobs for not caring about this ideal if we can't provide a clear picture of how to achieve this widely at an institutional level. For digital materials I think the picture people have in their minds is of tape backup. Maybe this is generational? New generations not exposed widely to cassette tapes, DVDs, and other physical media that "old people" remember, only then will it be possible to have a new ideal that people can see in their minds-eye.

    3. data entropy Normal degradation in information content associated with data and metadata over time (paraphrased from [ 2 ]).

      I'm not sure what this really means and I don't think data entropy is a helpful term. Poor practices certainly lead to disorganized collections of data, but I think this notion comes from a time when people were very concerned about degradation of physical media on which data is stored. That is, of course, still a concern, but I think the term data entropy really lends itself as an excuse for people who don't use good practices to manage data and is a cover for the real problem which is a kind of data illiteracy in much the same way we also face computational illiteracy widely in the sciences. Managing data really is hard, but let's not mask it with fanciful notions like data entropy.

    1. the parties, the procedural posture, the facts, the issue , the h olding, and the analysis.

      Parts of a judicial opinion identified in a student brief:

      • parties
      • procedural posture
      • facts
      • issues
      • holding
      • analysis
    2. When a law student briefs a case, he typically identifies several pieces of information: the parties, the procedural posture, the facts, the issue , the h olding, and the analysis. Although it seems foreign at first, identifying this information, understanding judicial opinions , and applying their reasoning to new cases becomes much easier with practice.

      The legal brief described here is a student brief, not to be confused with an appellate brief; the distinction is described in more detail in How To Brief a Case.

    3. the judge will state the legal issue(s) involved, her decision about the issue s (the holding) , and her reasoning.

      the holding is a part of a judicial opinion that states the decision about the legal issues involved in a case.

    4. H o w t o R e a d O p i n i o n s

      This section on how to read judicial opinions helpfully describes the components of what an opinion contains and some discussion of the challenges in identifying those components within the structure of the opinion.

      The components identified here are:

      • caption/name of parties
      • name of the court
      • date of the opinion
      • date of oral arguments in appellate cases
      • citation information
      • name of judge(s) who wrote the opinion
      • case history
      • procedural posture (stage at which opinion was issued)
      • information about facts of the case (especially for trial court opinions)
      • statement of legal issues involved
      • the holding (decision about the issues)
      • the judge's reasoning
    5. The opinion will also typically give the name of the judge or justice who wrote it. In some cases, judges sitting together will decide not to reveal wh o wrote an opinion. In that situation, it will say p e r c u r i a m /DWLQIRU³E\WKHFRXUW ́ ) i QSODFHRIDMXGJH¶VQDPH

      The garbled text quoted here should be:

      it will say per curiam (Latin for "by the court") in place of a judge's name.

    6. In a judicial opinion, the judge explains her ruling and the reasoning behind it. At its heart, an opinion is similar to a scholarly essay or even a short story. However, like any genre, the judicial opinion has some unique and unusual characteristics.

      The purpose of a judicial opinion is to explain the ruling and the reasoning behind it.

    1. Student brief A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts. Although student briefs always include the same items of information, the form in which these items are set out can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to ensure that the form you have chosen is acceptable.
    2. Appellate brief An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only. Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
    3. Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is used.

      Two different sense of the term legal brief are described here: appellate brief and student brief.

  24. Nov 2013
    1. For all that, Quintilian continues and main-tains his own opinion that since dialectic is a virtue, so therefore is rhetoric. Quintilian should turn the whole thing around and should more correctly conclude that since dialectic is not a moral virtue which can shape a good man, so neither is rhetoric.

      Dictating opinion? Hmmm, okay. By definition, opinion is grounded in personal anecdote and perception. This follows the same kind of logic. "He says that X = Y and therefore so does Z. But no! X=Y so W=Z." This is the overall issue with syllogisms: making inferences. Sometimes it works, sometimes it doesn't.

  25. Sep 2013
    1. For the incantation's power, communicating with the soul's opinion, enchants and persuades and changes it, by trickery.

      Our world is shaped by perceptions, defined by words.

    2. hence it is not now easy to remember the past or consider the present or foretell the future; so that most people on most subjects furnish themselves with opinion as advisor to the soul.

      Opinion vs. memory, as if memory were absolute, infallible, objective.