bridging

If Plaintiff chooses negligence per se, the deposition of Harper Martiniandthe report of Riley Adkins-O’Keefe dated May 30, 2019 are notpart of the case and cannot be referenced during trial by either side.

Plato is famous for his theory of the tripartite soul (psyche),

UAt - E(UBt

E (UAt+1) - E (UBt+1)

For example, lack of publication does not automatically foreclose admission; sometimes well-grounded but innovative theories will not have been published.

reliability under Rule 702(c), judges should consider whether the theory or technique has been or can be tested,

aim by a preponderance of the evidence

Burdens of Proof

Emails or text messages are properly authenticated when the proponent has produced evidence, either direct or circumstantial, that would allow a reasonable jury to determine the author of the message. The fact that an email, text message, orother electronic communication is listed as coming from an address or number that is either known or purports to belong to a particular person is sufficient to lay foundation that the communication was sent by the person in order to determine its admissibility,

Authentication

Preliminary Questions

Direct causation means that but for the defendant’s actions or failure to act, the plaintiff’s harm would not have occurred.

the defendant’s acts and/or omissions caused the type of harm that the statute was intended to prevent; and (iv) the plaintiff is a member of the statute’s protected class

offenses involving the violation of a statute that is designed to protect the public from a specific type of harm.

does not require that that the defendant’s physical person make contact with the plaintiff’s physical person. For example, a defendant who intentionally introduces an injurious substance into the plaintiff’s foodor drinkhas committed battery

nintentto cause harmful or offensive contact on the part of the defendant; an

Nature and Elements of Negligence Per Se

Nature and Elements ofBattery

esticide chemicals used in accordance with this section shall be identified, held, and stored in a manner that protects against contamination of food, foo

But Harper told me that, after what happened to 200Genesis, Harper had Peony Estates dump all of the Cara

I literally ate and drank everything that 185Genesishad. The only thing I could think of that I didn’t eat or drink was the bottle of wine that 186Harper gave Genesis.

That was the last time I ever saw Genesisalive

Unexpectedly, later in the evening, around 10 p.m., Harper came out and made a big 156show of giving Genesisa bottle of wine. Harper grabbed the microphone, brought Genesisup 157front and showed off the custom label, saying “this is for you.”

“Genesis is the 144one behind this,” “Genesis thinks I’m too cheap and doesn’t respect me and our family,” and 145“the only thing you need to do is give me the word and I’ll cancel this whole thing,” and “you 146can’t let Genesis break up our family.”

I then went to tell Harper that I was thinking about not going through with the wedding, 140and Harper was ecstatic. To be honest, I was a bit surprised, based on all Harper had told me 141about the advertising and publicity stuff.

“probably shouldn’t have even bothered showingup to 129save Casey the heartache.”

Apparently,Peony Estatesneeded to change how they stored 119their pesticide. Initially, Harper made it sound so dangerous that I thought about moving the 120wedding to a later date, because I wanted to make absolutely sure that no one got hurt. Harper 121talked me out of it, saying that a lot of things they need to fix were just formalities, like installing 122signs telling employees to wash their hands

needed the good publicity of a nice wedding right now, 117and that Harper would make sure my wedding went off without a hitch, even if Harper wasn’t 118happy about who I was marrying.

Casey has to stay in Midlands; whether you stay with Casey, move off to 111France, or end up six feet under, I don’t care, but Casey is staying here!”

Harper just told Genesis, “You had better 110reconsider your plans

Harper 107started screaming about needing someone to take over the family business and how terrible it 108would be for me and Genesisto abandon Harper without any family.

Harper played me a voicemail from Genesis, where Genesis 103said some horrible things to Harper and let Harper know that we planned on moving out of the 104country.

there was so much yelling and swearing that I decided to go take a walk.

his brought Harper and Genesis—90who wanted a more intimate affair—frequently in conflict.

Harper loves me, but I know that Harper loves the idea of me 84one day running Peony Estates more, even though I have no intention of taking over Harper’s 85business. Harper already disliked Genesis; I couldn’t imagine what Harper would do if Harper 86knew I was moving to France because of Genesis

When I asked Harper if Peony Estates was having financial issues, Harper said 67that things were mostly fine,but that there had been a massive leak in Peony Estates’ storage 68barn. According to Harper, the only options wereto either spend a massive amount of money to 69repair the damage or move everything in the storage barnto the bottling area, the only place 70large enough to store everything. Having spent summers “volunteering” at Peony Estates, I knew 71what was in the storage barn—landscaping tools, extra wiring, pesticide, cleaning supplies, and 72other stuff like that.

Harper told me how Harper had always dreamed of having my wedding at Harper’s own 60winery. Peony Estates hosts weddings pretty frequently, and Harper wanted to be able to take 61pictures of how beautiful everything would look for advertising. Harper also told me that, even if 62I didn’t get married at the family winery, Harper would be disappointed and angry if I chose to

Expectedly, Genesisdidn’t give Harper any 49notice of Genesis’ intention to propose, so Harper was definitely caught off guard when I told 50Harper the good news. Harper freaked out, so I told Harper that Genesisand I would handle the 51wedding plans ourselves. I thought that would be the end of it. But I was wrong.

Despite the tension between Harper and Genesis, Genesiswas phenomenal. Genesiswas 39in grad school, and dating Genesiswhile Genesisfinished grad school could be a challenge with 40Genesishaving to balance papers, lectures, and conferences. But Genesiswas always there when 41I needed Genesis. Genesiswas always supportive of anything I set my mind to, and honestly, 42Genesishelped to bring out my fun side. I couldn’t help but be happy when Genesiswas around. 43And when Genesisgraduated with a PhD in May 2018, I never felt better about our relationship.44On July 18, 2018, Genesisactually proposed! In fact, I was planning to propose, but 45Genesisbeat me to it. Genesishad actually coordinated with our friend Drew

Harper would always complain that Genesis didn’t respect 35Harper or Harper’s hard work, or how Genesistreated Peony Estates’ wine like it was poisoned.

Harper is proud of the fact that Harper offers 29affordable pricing for good-tasting wine, but Genesisalways though the wine tasted cheap

Harper was always well intentioned, but 23Harper sometimes took things too far.

But Harper could be pretty controlling, 18especially as I grew up

Harper was a really great parent growing up. Even though Harper worked really hard, Harper 16managed to make it to every school play and soccer game. Harper really cares about me, and I 17know Harper always wanted what’s best for me

Genesisgot along with everyone. Except Harper 13Martini, my only parent

rrational distrust of statistical data;

act that mental events are always correlated with brain events does not mean that they are identical with brain events

(a) there is a question whether this simply means that we cannot predict the movements of the ultimate particles, not that a theoretical omniscient mind could not predict them, and (b) even if there is genuine quantum indeterminacy, this is swamped in the large scale statistical regularities which constitute the ‘laws’ of nature

physicalism

God’

aith,

manifesto.

philosophy of religion?

fragments

fragmentariness,

fragmentariness

How are the poor and the vulnerable likely to be affected

some of the changes we’ve made—Zoom conferences and meetings instead of travel, more working from home and hence less commuting—do offer some promise to address climate change.

consolidated structures tend to be associated with higher spendin

Amalgamation reduces competition between municipalities

advantages

The efficient provision of services requires that decision-making be carried out by the level of government that is closest to the individual citizen

Equity refers to the ability to share costs and benefits of services fairly across the metropolitan area

benefits (or costs) of a specific service in one local government jurisdiction spill over on to residents of another jurisdiction

necessary to decentralize administrative centres so that people have access to them

Fourth

Third,

Second,

Economies of scale occur where the per-unit cost of producing a particular service falls as the quantity of the service provided increases.

Second, the shift to online retail will be accelerated. Most stores selling products — from computers to car parts — are moving to cyberspace. Although some of them will recover, the pandemic could be terminal for those that could not survive prolonged supply and demand shocks. Sadly, smaller businesses are most at risk despite being the very assets that contribute to city identity and character.

Third, urban mobility will undergo a series of corrections. For one, public buses, trains and ferries may come back more aggressively than before. Ride-sharing options will slow down until hygienic solutions are available. Self-driving alternatives could start arriving, threatening millions of jobs. More people will want to work from home or take their bikes to work. Cities will give more space to pedestrians, a rare silver lining to the crisis.

3. Invest in Zero-emission Public Transportation 

year-round education rather than watch our children's brains fall into "summer slide"

Travel bans may be wise but they should be discussed and forged together by multiple nations, not decreed unilaterally.

Preserving those positions should have been a top priority.

But giving money to households directly to stimulate demand is the wrong approach

timulus

epudiate

In short, our policy makers have been making a mess of things

There is evidence from the 1918 epidemic that cities which imposed stricter quarantines faced fewer deaths and experienced faster economic recoveries.

agitate for their long-denied bread and circuses.

olicy makers in fact face a terrible tradeoff: risk economic calamity, or risk people’s lives.

elayed demand. In consumer goods, for example, customers may put off discretionary spending because of worry about the pandemic but will eventually purchase such items later, once the fear subsides and confidence returns

Economic impact

Companies should invest in online as part of their push for omnichannel distribution; this includes ensuring the quality of goods sold online. Customers’ changing preferences are not likely to go back to pre-outbreak norms.

Oil and gas, for instance, will be adversely affected as oil prices stay lower than expected until Q3.

Economic impact

concomitant

Economic impact.

ncrease communication, balancing the needs of the business with expectation setting and morale building, so employees know that their well-being is top of mind.

outines that drive productivity.

We suggest they focus their time on four areas:

hree likely paths for the spread of the virus and the public health response, and three potential levels of effectiveness for governmental economic response (Exhibit 3).

Getting back to work: Four insights

few countries, such as Sweden, are pursuing an alternative “herd immunity” strategy focused on protecting the most vulnerable populations while using only limited distancing measures to flatten the curve for others.

We need more integrated city-regional planning around economies, energy provision, transport networks and food production so that these networks can become pillars of resilience rather than weak points

A new approach to city planning should bring open spaces, watersheds, forests and parks into the heart of how we think about and plan our cities.

Affordable Housing and Public Spaces

Closing this urban services divide must be a priority for cities going forward.

We see five key ways urban planning will be affected in the years to come.

the public health and economic crises it’s already precipitating threatens to further entrench regional inequality in America.

conomic fallout from the coronavirus hits the small businesses that anchor local communities and drive job creation.

ural populations face unique health care challenges in responding to them.

Unaffordable housing in these cities has forced many residents into substandard living arrangements, overcrowded households, and homelessness. As Brookings’s Jenny Schuetz writes, these are conditions that make social distancing difficult.

ow-wage workers—from food service employees to housekeepers—are now especially susceptible to the economic slowdown induced by the coronavirus. Many of these workers lack paid sick or vacation leave and confront potential layoffs due to the pandemic.

fter having uniquely benefited from the coronavirus crisis.

egative side effects of this hyperconcentration

Despite the increasing adoption of digital technology in American workplaces, economic activity has become more—not less—concentrated.

igital technology would bring about the “death of distance” and create a geographically untethered workforce, free to live and work wherever.

working remotely for the first time will discover they can do their jobs from anywhere, inspiring moves to less expensive parts of the country that are in need of economic revitalization.

s a position about which people reasonably disagree

Lockean premises offer a more plausible (if less general) justification for keeping religious issues off the political agenda than arguments based on skepticism and neutrality.

he purpose of toleration is not to provide equal opportunity for every religious group to flourish or to make it equally likely that every religion will attract the same number of adherents or increase its congregation at the same rate. This seems impossible as some religions depend more on state support than others for fulfilling their purposes. Nor does neutrality or impartiality as a moral standard at the level of justification hold any appeal if we can all come to embrace the true religion

why should one not defer to those standards rather than faith in determining one's own religious beliefs?

it does not follow that the state can impose a policy of toleration on citizens who are deeply committed to furthering their religion by saving souls

would be inclined to forgo toleration

impose its "truths" on any other proves too much

third step

second ste

first step

The higher-order prin- ciples that constitute the core of the consensus, we suggest, must permit greater moral disagreement about policy and greater moral agreement on how to disagree about policy

disagree about the morality of a public policy, on what principles can they agree to conduct their public life

lmost assuredly, this is worth a massive increase in public-health-related spending.

That morally considerable fact might be the fact that she is a per- son, or that she has feelings, or that she has views, tastes, or interests of her own, or that she has earned an authority position, or that she is my neighbor

The question, "What should a civil person do?" appears to be interchangeable with the questions "How should mutually respectful citizens treat each other?" or "How should considerate social participants treat each other?" or "What does being tolerant of others' differences involve?" But if civility is just the exercise of tolerance, respect, and considerateness toward fellow social participants or fellow citizens, then civility does not name a distinct virtue and there is no reason for moral philosophers to mention civility in a catalogue of moral virtues.

raising controversial and potentially offensive moral, political, and religious issues that would disrupt the social events that others care about.'5

ncivilities include nosi- ness, attempting to improve others by offering unsolicited advice, prose- lytizing, self-righteously insisting that others adhere to particular moral standards, and correcting others' manners.

The civil person refrains from humming, finger drumming, nail biting, bedewing others with spittle, eye rolling, lolling out the tongue, gaping, killing fleas and lice in others' sight, wear- ing foul clothes, and falling asleep while others speak.

In addition, citizens must seek accommodation and compromise through reasoned dialogue

She respects the rights of others, refrains from violence, intimidation, harassment and coercion, does not show contempt for oth- ers' life plans, and has a healthy respect for others' privacy.

hus I take civility to be tied to social rules in a way that, for example, honesty, justice, kindness, and respect are not.

function of civility, I will suggest, is to commu-nicate basic moral attitudes of respect, tolerance, and considerateness.

special reason to worry about class bias in our judgments about who is and who is not civil

is also intimately connected to other moral virtues like tolerance and respect

civility is intimately con- nected to socially established rules, including rules of etiquette

Why isn'tcivility just another name for being respectful,

ense for just how large the scope of application of 'uncivil' is, consider these lapses of civility mentioned by Miss Mannerx2 In addi- tion to shoving, shouting, giving the finger, making insulting remarks, not waiting one's turn in line, there are the incivilities of nosiness, bossiness, snobbishness, breaking appointments, overstaying visits, failing to offer thanks or apologies or responses to invitations, not reciprocating hospi- tality, hogging the road, littering, proselytizing, and offering unsolicited advice

perhaps genuine civility is not a matter of mindlessly complying with those codifications. Instead, it might be thought that genuine civil- ity requires adopting a critical moral point of view and attempting to de- termine what really counts as kindness, respect for privacy, tolerance, reasonable concern for others' feelings, and so on

one finds merit in obedience even to unjust laws,

Title VII. Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment - an environment that a reasonable person would find hostile or abusive - is beyond Title VII's purview. Likewise, if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the conditions of the victim's employment, and there is no Title VII violation.

Manners are morally significant, I have argued, be- cause appearing respectful is morally significant

Since in such circum- stances, one's polite gestures are nothing but empty gestures, they are not a form of direct ackn~wledgme

But she fails to treat me with respect if she makes no effort to hide her disinterest in, or con- tempt for, my feelings

expressive behavior is not immediately agreeable.

we defer to another person because we hold him in regard

expressive function of manners:

With this step, we arrive at the second, more fundamental, moral function of polite behavior: polite behavior not only has impor- tant moral consequences; it has an essentially moral point

hey are not conditioned to regard people as having a special dignity

never developed the habit of treating one another with courtesy

eople thus alien- ated are less likely to care about one another's well-being

anger and resentment

hat such social disharmony could not fail to adversely affect people's willingness to regulate their behavior according to certain principles of justice, and this for at least three reasons.

consider, for a moment, what it would be like to live in a society in which there were no conventions of politeness

ifference between the rules of manners and the laws of justice: whereas the latter impose limits on an individual's pursuit of her own self-interest, the former impose limits on an individual's doing things that suggest she would pursue her self-interest at the expense of others if given half a chance.

contempt of others disguised; authority concealed; attention given to each in his turn; and an easy stream of conversation maintained, without vehemence, without interruption, without eagerness for victory, and without any airs of superiority

of men's pride and self-conceit, have introduced the rules of Good Manners or Politeness

eople have a basic moral obligation to make themselves agreeable to others

I want to argue that a moral life would be severely impoverished without good manners. What's more, I want to argue that it would be impoverished because good manners have an important moral function

Manners involve the appearance of things, rather than the total reality.

eco

irs

I must confront those features of manners that seem to distinguish them from morals

Having defended this claim, I will consider what it implies about one of our own most basic rules of polite behavior.

Acknowledging a person's intrinsic value-treating her with respect-also requires that one treat her politely (considerately, respectfully)

he necessary accommodation requires

uncorrupted

After paying a $75 application fee, [a restaurant owner] needs permission from the commissioners of inspection services and public works, and then must post a $5,000 performance bond to the city controller, protecting the city from liability. At this point, the sign display requires approval from the Common Council.” And for all that, the approval is only good for 30 days.

Old-fashioned bus service is much more important than a fancy rail line.

says that he supports Broken Windows policing;

sine qua non

ut SolarCity is currently under federal investigation for improperly claiming stimulus credits, and a Taxpayer Protection Alliance study compared the company with Enron

uffalo’s Erie County gets over $900 million more annually in state expenditures than it sends to Albany in taxes, according to an analysis by SUNY Buffalo State economist Bruce Fisher.

Cuomo’s plan to reflate the region’s economy with an injection of cash and incentives isn’t the boost that Buffalo needs, however

cities.

nascent

signs of hope are visible

apanand its history seems to suggest that more positive than negative character-istics are projected onto them.

erception of Africa and its history seems to suggestthat more negative than positive characteristics are projected onto them

Many Arab Americans took issue with thealmost immediate inference that Arabs, more specifically Arab Moslems,were probably to blame for this horrendous act. But it was the perception ofArabs abroad as “terrorist extremists” that led many to suspect that ArabAmericans may have played at least a supporting role in the bombing

the secondnecessary condition of the RST, namely, (2) the dominant group’s concep-tion of the group in question must be such that the group is believed to bedeservingof rectification (or, at the very least, rectificatory symbolism)

there must be a prevailing sense of injusticeby the dominant group toward the group in question.

his attempt at rectificationwas merely symbolic

nd if there is little reflection at this level, there ishardly going to be much more in the mind of the average white citizenhustling to get by and worrying about her and her children’s future in aproblematic economy

Finally, rectification calls for an apology

econd, compensation

First, restoration is required whenever possible.

Rectificatory justice is that form of justice employed as a means of address-ing those situations that arise when the requirements of a just system of dis-tributive justice have broken down.

olidity ofhis own sense that he is real

naturally evoke painful feelings ofresentment.

is a matter of ignoringthe relevance of some aspect of his nature or of his situati

it conveys a refusal to acknowledge the truthabout them.

o there must be somediing elseabout deviations from respect, besides the fact that they arebreaches of rationality, that has a more immediate and a morespecific moral import.

eingimpartial and respectful is a special case of being rational

relevant—thus treatingrelevantly similar cases alike and relevantly unlike casesdifferently

Rather, the claim of egalitarianism isderivative. It is grounded in the more basic requirements ofrespect and of impartiality.

does not know either that thepeople among whom the cake is to be shared are alike in waysthat warrant giving them equal shares or that they differ inways that justify giving them shares of different sizes. He hasno relevant information about these people at all

Consider a situation in whichno information is available either about any relevant similaritiesbetween two people or about any relevant differences betweenthem. In that case, the most natural and the most sensible re-course is to treat both people the same—that is, to treat themequally. Now the fact that an egalitarian policy is the only plau-sible one under such conditions may give rise to an impressionthat a preference for equality is—as it were—the default posi-tion, which must be implemented in the absence of consider-ations showing that an alternative is required

dealingwith him exclusively on the basis of those aspects of hisparticular character or circumstances that are actually relevantto the issue at ha

It is easy to confuse being treated withthe sort of respect in question with being treated equally.However, the two are not the same.