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Archive for Science

Geolocation technology Reality

Sunday, April 7th, 2013

Post office animal

 

Life used to be much simpler when we just relied on mail. At the same time, the only choices in phones basically meant “on the wall” or on the night stand.

 

 

 

 

Spam and inbox

 

Then, computers came along and we had to start worrying about spam and the occasional virus. Of course, if you use some politician reasoning, a computer virus is good because it provides jobs. All of a sudden, guys who ate pizza for breakfast and were spending hours in the basement on the newest war game, were now being called out to “fix the computer”.

 

 

 

 

 

Then, the cell phone become a major part of our lives. By the way, can you believe that the cell phone just celebrated a 40-year anniversary? Well, we have come to accept that the computer can be filled with danger. Now, we are being told that the phone is also putting out information about us.

At the American Bar Association Tech show this past week, the topic of conversation was Geolocation technology. At the seminar, the audience of lawyers was asked to see how many had actually read the permission policies when they had installed various apps on their mobile devices. Not surprisingly, most did not raise their hand, according to the article.

Now, most phone/mobile devices have the ability and are transmitting information about the precise record of a user’s location over a period time. This can result in the ability to create a report that is very accurate and highly personal. Clearly, the information can be sold to third parties for marketing purposes or for some other commercial use. It allows specific advertisement targeting. I am standing next to a restarant or go near a retail store; I get a coupon sent to me.

This pinpoint capability can be used for good reason. If you are in a car accident or in an area that is unfamiliar and don’t know how to describe your location, you can still be found. Criminals and fugitives can be found more easily. Clearly, what was originally considered to be a simple phone is now raising questions of possible constitutional significance. Is this a violation of our right to privacy that has crept up behind us?

shark

The Federal Communications Commission has taken notice of this concern. Last year, the FCC issued a report that found the following: “Because mobile devices have the ability—and often the technical requirement—to regularly transmit their location to a network, they also enable the creation of a precise record of a user’s locations over time.This can result in the creation of a very accurate and highly personal user profile, which raises questions of how, when and by whom this information can and should be used”

This was a reminder to me to pay attention when I download an app. Also, website PleaseRobMe.com uses Twitter to find and display location-based messages that remind consumers of the risks in sharing too much information. More choices in technology also raises more privacy concerns.

For pic o’ day, I went back to one that reminds us that it is getting warmer. Don’t forget the sunblock!

heat

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7UP Gets Sued

Monday, November 12th, 2012

 

The soft drink that seems bubbly and friendly is facing a not-so-friendly lawsuit. The Center for Science in the Public Interest has issued a press release that it has filed suit against the maker of this soft drink, for misleading ads.

The soft drink was advertised to contain an antioxidant in its regular and diet Cherry sodas that gave the impression that the drink contained healthy fruits. The ads included pictures of cherries, blackberries, cranberries, raspberries and pomegranates, on its various labels. Instead, according to the lawsuit, the drinks really contains water, high-fructose corn syrup, citric acid, potassium benzoate and Red dye. The Mixed Berry drink also contains blue dye.

According to the lawsuit, the US Food and Drug Administration should step in where soft drinks are really worthless beverages. It is alleged that one 12-ounce serving of the drinks contain nine teaspoons of sugar and 140 calories. None of that suggests a healthy antioxidant concoction.

Kinda makes me want to run, not walk, from good old 7UP.  I guess that’s not even putting the “lime in the coconut” is it?

For pic o’ day, well, no caption really needed!!!

 

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Lawyer Perfectionism

Wednesday, October 31st, 2012

I am in the process of interviewing lawyers to fill some positions at the law firm. I don’t follow any real textbook of questioning. I have seen outlines of questions that tell me to include “What are you most proud of?” or “Where do you want to be in ten years?”. I just can’t bring myself to ask those form interview questions. Plus, someone might say they are proud that they finished a 52 ounce steak or that they want to be in movies in 10 years. Is that good or bad?

At some point in the interview, I can usually tell whether the lawyer is a possible hire. The next step involves a psychological profile test. There is no real way of knowing whether a person is a worker. In basketball, I have heard coaches say, “You can’t teach height”. You can’t teach hard work either.

One question that I do ask and then test for,  involves perfectionism determination. There is a fine line between efficiency/good work and perfectionism, that causes someone to be paralyzed to get work done or to be an “A” employee.

Writing this blog reminds me of that. I suspect that you have noticed that I start with a topic and just head for the finish line. Sometimes, I find myself hitting delete on multiple sentences because I went wandering into a closet and can’t get out. When I finish the draft, I then hit the spellcheck. (So thankful for spellcheck!) Then, I re-read the blog. At some point, I just have to hit publish or I will have spent too much time. That sequence doesn’t come close to perfectionism which causes a few mishaps.

The Wall Street Journal just did an article on the perfectionism research of Minneapolis psychologist Tom Greenspon. He believes that perfectionism is passed from parent to child. Not passed by emphasis or achievement; but rather by genetics.

The article examines the perils of perfectionism. James Brown was known to fire backup singers if they didn’t have pressed shirts and shined shoes. Barbara Streisand’s career has been impacted by perfectionism in her inability to perform live performances on occasion; as well as letting small flaws that only she could perceive in her voice, derail her from releasing some songs.

The research cites findings in the comparison of twins. One study found that identical twins had greater similarities on the measurement of perfectionism than in comparing fraternal twins.  The research found that perfectionism can be debilitating at times and lead to depression, anxiety, procrastination, insomnia and other mental health problems. As Dr Greenspon put it, “Our research shows that successful perfectionists are successful in spite of it, not because of it.”

I still haven’t found the perfect interview question for perfectionism. Wait a second… am I suffering from interview perfectionism?

And, for pic o’ day, here’s more worry. Better not to know?

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How About a New Habit?

Sunday, October 21st, 2012

I always seem to get the same answer, when I ask the defendant about speed at their deposition. It does something like this: “How fast were you going?” “Well”, the defendant will say with a look of uncertainty, “I was going just under the speed limit.” “How do you know”, I ask. “Out of habit, I know that I was just going a little under the speed limit”.

Mornings bring out the certainty of habit. Some people get out of bed when the alarm goes off or they get up without the need of the alarm. Others, out of habit, will hit that snooze bar a few times. When I mention habit, I’m sure that something comes right to your mind about something that you do everyday.

I know that I drive the same way, every day, out of habit. I could take different routes to work. I guess that if I were trained by the CIA, I would go a different way. Isn’t that what they train to do or have I read too many spy novels?

When I am doing discovery in any case. I do try to find out about the habits of opposing parties. Do they get their car regularly inspected? Do they regularly take medications? Do they drive aggressively? In fact, the only things that can be introduced as past conduct about bad driving relates to whether you can establish habit. If they drink, have they already been previously convicted of driving under the influence of alcohol?

You and I both have good and bad habits. Calling someone or stopping by to see them might be a good habit. Forming good habits is discussed from an online post of FastCompany.com. Here what it says as a good plan for starting a new good habit:

Building new habits

Start slowly: Go to bed and wake up fifteen minutes earlier for a few days until this new schedule seems doable.
Monitor your energy: Building a new habit takes effort, so take care of yourself while you’re trying. Eat right, eat enough, and surround yourself with supportive people who want to see you succeed.
Choose one new habit at a time to introduce: If you want to run, pray, and write in a journal, choose one of these and make it a habit before adding another.
Chart your progress: Habits take weeks to establish, so keep track of how you’re doing for at least thirty days. Once skipping a session feels like you forgot something–like forgetting to brush your teeth–you can take your ritual up a notch.
Feel free to use bribery: Eventually habits produce their own motivation, but until then, external motivations like promising yourself concert tickets can keep you moving forward. Choose things you enjoy: your before-breakfast ritual has the potential to become your favorite part of the day.

And for pic o’ day, I post another funny one from my mom!

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Impact of Beauty on Evidence

Sunday, October 14th, 2012

A recent study(PDF) published in the “European Journal of Psychology Applied to Legal Context” (I know, that is quite the title) and reported in the “Atlantic“, concludes that being beautiful makes it more difficult for a domestic violence trial.

Researchers at the University of Grenada (Spain) started with the premise that “attractive people are often perceived as having positive personality features and attributes”.  That leads to the perceived belief that “beauty is goodness”.

The researchers decided to test the effect of beauty on believability. They created fictitious scenarios in which a woman was accused of killing her partner/ husband. In all cases,  the story included that she had been a victim of domestic violence for a long period of time; and then, had finally killed her husband/partner in self-defense. In the fact pattern, the only difference in the narratives was the description of the accused woman.

In one of the narratives, the woman was described as “Maria is an unattractive woman with thin lips; stern and jarring facial features; dark,  bundled hair; and is neither slender nor elegant in appearance”.

In another narrative, “Maria is a 36-year-old housewife with two children (six and three years old) who has been married for 10 years. Maria wears sunglasses that hide her face, has poor personal appearance and dress, and is timid in answering the judge or lawyers’ questions”.

In the third narrative submitted to the test subjects of this research, “Maria is a financial consultant of a leading company; she has no children, and has been married for ten years. Maria is a well-dressed fashion-conscious woman, calm and resolute in her interactions with the judge and lawyers”.

The researchers had 169 police officers from the Spanish State Security Forces read one version of the story and then give their opinion. The officers were 153 men and 16 women.

In the study and based on the responses referenced in the attached PDF, “unattractive women defendants were attributed with less criminal responsibility”. The researchers ultimately concluded that  ”the attractiveness of a battered woman accused of murdering her husband is inconsistent with the prototype of a battered woman.”

These officers concluded subconsciously that a husband/partner would not be guilty of domestic violence when the woman is beautiful. The researchers arrived at the conclusion that being beautiful was not helpful when presenting evidence of domestic violence.

For pic o’ day,  everyone pays attention to something:

 

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Jury Selection and Colds

Sunday, October 7th, 2012

Last week I was working in the South Carolina office. When I am home, I get up early and work out in an upstairs room at my house. I usually head to a workout room at motels, when I am on the road.

This time, I got up early and heard the patter of rain against my motel window. Somehow, I came up with the idea that it would be fun to walk in downtown Greenville, with an umbrella. Well, the temperature was perfect and I truly enjoyed my walk. When I got back to the motel lobby, I was basically dry.  Apparently, not dry enough.

When I got home, I was already fighting the early stages of a cold. I got the Cold EEZE lozenges out and thought I could battle it. At home and at work, I was basically asked if I was out of my mind for walking in the rain. My answer… “Yes, yes I was”, as I worked on my lozenges. No one had sympathy for my cold battling.

With juries in trial, sometimes that thappens in how the evidence is viewed. Psychologist call it defensive attribution bias or availability bias as two of the viewpoints. It doesn’t matter that the defendant was the cause of the crash.

A defensive attribution bias causes a juror to say, “I would have been able to avoid that car cutting in front of me” or “I would have gone to seek a second or third medical opinion, I would not be in the same position as the plaintiff”. That juror places blame on the plaintiff and forgets about the conduct of the defendant.

The availability bias also attacks the plaintiff.  Psychologists say that people are more ready to criticize  those that they are more familiar with, or if they potentially share the same life experiences as the plaintiff. Again, this is an overlap in believing that they would have acted differently. Specifically, they take the information already available to them like taking medication, going to the doctor or how they drive a car, and they put extra burdens on the plaintiff. No matter that the defendant acted inappropriately!

The Judge instructs jurors to only consider the evidence. That doesn’t mean that they have to leave their common sense outside the Courtroom, but it does mean that they are not allowed to ignore evidence, just because they think that they could have avoided the crash. Or, that they excuse the defendant because the plaintiff didn’t act the way that the juror would have acted. Again saying, “That wouldn’t have happened to me”.

Yes, I probably thought I could avoid getting a cold. I guess I did leave my common sense in the motel room.

For pic o’ day… I respect creativity:

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Colds and Flu at the Law Office

Sunday, September 30th, 2012

I was at the Old Dominion/Richmond football game on Saturday. Just in case you had not heard; Old Dominion jumped out to a big lead and Richmond made a game of it at the end. One of those “barn burners, nail-biters, seat-squirmers”. Well, not that close. Had to throw that in as an old alumni for ODU… but I digress.

I had my eye on a box of popcorn. That kind of distraction kept me from noticing the woman in front of me who wound up, and then sneezed louder than the band playing. I bobbed and weaved. Fortunately, I think I dodged the germs.

This past week, someone came up to me and shook my hand. Then, she said that I probably should use some of that Purell sanitizer because she was fighting a cold. I offered a frozen smile and headed right to the dispenser. Fortunately, I dodged it again.

At the office, we offer incentives to encourage staff to get their flu shots. We do have hand sanitizer readily available and we encourage healthy lifestyles. You can’t get work done if you’re not at the office.

At Health.com, I saw an article titled “The germiest places at the office”. It is a good reminder to be alert. A Kimberly-Clark study examined 5000 areas in office buildings around the country and this is what they found as the worst places for workplace germs:

Break-room sink faucet handles, microwave and refrigerator door handles, computer keyboards, water fountains and vending machine buttons. Some explanation on those included that the break room is the first place that many stop in the morning, before they have washed their hands.

The article also included a reminder to soap up with hot water after touching common-area surfaces and remember to clean the surface of your desk and phone handles with disinfectant and sanitizer. They also threw in a reminder to regularly use a sanitizer wipe on your computer.

All good ideas as we head into flu season. Got to keep my eyes open, even when I am distracted by the popcorn.

For pic o’ day I am posting a cartoon that was sent to me. A reminder that life is how you look at it!

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So, How Are You?

Monday, September 3rd, 2012

     For a Tuesday blog, I was influenced by Monday’s Labor Day. It seemed to be a bit of an oxymoron to be off on Labor Day. Although, it was a continuing reminder that our lives are certainly framed by our jobs. Moods and happiness are an extension of our daily labors.

     Labor Day has an interesting origin. While it is observed to “celebrate the economic and social contributions of workers”; It also is a recognition that Labor was at strife with employers and government. Not until a number of workers died at the hands of the Military and the U.S Marshals, did President Grover Cleveland recognize it as a Federal holiday.

     This is not a blog to provide a history lesson. Instead, Labor Day reminded me of why I am happy at my job. 

     There have been times in my life when I was not well enough to go to work for periods of time. I remember thinking “I just wish that I was back in my routine and could go to work”.

     Now, when people give  me the perfuntory greeting of “How am I doing?” I often wonder what expression they would give if I really decided to give a health answer, instead of “doing great”.

     I could launch in to that I feel as though I am  still rehabbing my knee that was surgically repaired 10 years ago. Is it starve a knee and feed a hip? I could add that I have no cavities in my wisdom teeth. I do have a great regimen of flossing and brushing. I’m so good at it that maybe my dentist will offer me a part-time position as a motivational speaker. I must be honest though, about my wisdom teeth health; I think that such tooth celebration is really more related to having those teeth removed when I was 17.

     I could continue that I ingest heavy volumes of ice tea and coffee on a daily basis. I am highly caffeinated at all times; although, I have noticed withdrawal symptoms around 5 am each day. My kidney health is great and I regularly watch television, which shows that I have no exercise limitations.

     My mental health is great and I have no voices in my head that are singing or counting cards. Barking dogs and crying children in restaurants don’t always erode my sanity.

     I feel no real desire to go deer or turkey hunting but I do have keen eyesight and can spot good cheesecake from a far away seat. I am willing to try new types of activities and interests, as long as they do not involve airplanes. Flying does increase my blood pressure.  

     Yes, that’s how I am really doing. Instead, today I would just reply that I am doing great and glad to be back at work. Monday is a good reminder that I enjoy that I can labor.

     For pic o’ day, I went with items from the blog. Well, maybe I’m reaching just a bit.

 

    

 

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Clarence Darrow’s Jury Selection

Tuesday, July 10th, 2012

Clarence Darrow was a lawyer who came to great fame with several “trials of the century” in the early 1900′s. In 1912, he was personally put on trial for jury tampering. If you haven’t read much about this famed lawyer, then go here for the story of that trial.

Previously, he had been retained to represent the McNamara brothers for the bombing of the Los Angeles Times Building. Public opinion overwhelmingly had already determined that both were guilty. So, Darrow admittedly felt that he needed to pick a favorable jury.

According to the evidence at Darrow’s trial,  for the McNamara trial, he had hired a private investigator to research the jurors. At his trial, it was determined that money was offered to two of the jurors to influence their decision on the innocence of the brothers; but that Darrow had no knowledge or intent in the act of bribery.

I have condensed much of the story. It reads like a book of law fiction. Darrow’s life, including the Scopes Trial, made Darrow larger than life. Those were the days when the community would come to the local courthouse and watch trials for an activity. Darrow’s closings were usually long. Some timed in excess of 12 hours.

Nowadays, jurors would be telling me to sit down. Of course, Judges usually ask me, if I intend to go longer than 30 minutes. With people so used to having a remote control in their hand, I’ll bet that they would unconsciously raise a hand as though they were changing the channel, if I went much longer than 30 minutes.

I was reminded of Darrow in reading a blog of a lawyer (Don Keenan). He was discussing Darrow’s focus on jury selection.  That led me to “The Last Trials of Darrow“ , a book written by Donald McRae that records Darrow’s methods in trial. It includes reference to a lady named Mary Fields Parton, who had a long-term relationship with Darrow.

After Darrow’s passing, it was she who decided to record many events from his trials. She felt that history would otherwise forget him. It was from her diary that McRae based many of the book’s quotes and details.  On page 24, McRae recites how Darrow came to determine what jurors he would consider. This  was a method, even after the bribery trial.

“Mary Field Parton accompanied by her 6-year-old niece, Kay, would knock on the front door of the juror under Darrow’s furtive investigation and ask if the little girl could use the bathroom.  Mary made it look like the sweetest of emergencies, and the juror or his wife could never resist.  The door would swing open, her niece would be taken down the passage to the smallest room, while Mary scanned any books, magazines and personal items in the family home.  Darrow placed particular emphasis on the juror’s taste in books for he believed that a man’s character and outlook was defined by his choice of reading.  He always insisted that Mary should study the shelves for a Bible, which for him represented the sure-fire symbol of a man’s moralistic bent.”

Today, we have advancements from technology to learn about others through what they post on Facebook. Does that really tell us anything? I suppose you can drive by and see if their cars have bumper stickers that would tell you what they might consider important. “Rush is Right” might be an indicator of their ideology, but does that mean that they can be fair as a juror?

The method of using someone to go into their home would certainly be considered tampering. It is relevant to know if a prospective juror has a bias or prejudice. Such knowledge cannot be gained from any kind of personal contact.

Today, pic o’ day is about old fashioned work and just going after it… even if it’s a ball.

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The Gold Tooth Defense

Sunday, June 17th, 2012

     This past week, I met with a dentist in Mechanicsville, Virginia. He is currently providing treatment to one of my clients. To date, suit has not been filed, but I am trying to determine what is true and false about possible evidence. (yep… see what I did there)

     This is a situation where, prior to this crash, my client has only gone to the dentist in emergency situations. She is not someone who has a history of getting her teeth cleaned the recommended twice-per-year. So, before I send a settlement package to the insurance company, I wanted to be sure about what expenses relate to the automobile crash and what might be unrelated.

 

     This isn’t a blog about the importance of brushing our teeth…

 

 

 

 

   

 

     But, I’m sure that all my dentist friends would cheer me, if I remind that we should floss, brush and go for regular teeth check-ups and dental cleaning, for great smiles.

 

    After meeting with my client’s dentist, he determined that some of the recommended dental work is not related to the trauma of a crash. However, because he had just done an x-ray  of her teeth a few months before the crash, he can now see a tooth fracture that he does relate to the trauma. So, approximately $2,000 of expenses will be attributed to the crash. He will now send a letter with that opinion, and I will include that report in the letter to the insurance adjuster.

     When I meet a doctor for the first time, I am also assessing  their communication skill, in case trial is necessary. Plus, I like to know if they have any experience in court or in providing deposition testimony. When I asked him if he had previously testified, he told me this story:

     He had been retained by a defense attorney in a criminal trial in Henrico County. The defendant was charged with rape. Much of the evidence did point to this defendant, except for one item;  The victim had identified someone who had a gold tooth. This defendant did not have a gold tooth.

     In testifying, this dentist was asked to give an opinion on the health of the defendant’s teeth, and whether he had ever had gold teeth. The dentist examined the defendant; x-rayed his teeth and determined that his teeth were in good condition. It was his opinion that the defendant had never been fitted with a gold tooth, nor ever had any kind of gold tooth placed on his front teeth, for cosmetic reasons.

     It was the prosecuting attorney’s opportunity to now cross-examine this dentist. He asked the dentist some easy questions about the certainty of his opinion and whether there was any chance that this defendant had ever worn a gold tooth. The identification by the victim had this one inconsistent element.

     Again, the dentist reiterated his certainly about the health of the defendant’s teeth and assured the prosecuting attorney and the jury, that this man did not or had not worn a gold tooth. There simply was no need for dental work on the front teeth; and there was no evidence that the defendant had ever had a gold tooth.

   The prosecuting attorney then asked for a recess, before proceeding with his questioning of the dentist. When the jury returned and the dentist had re-taken the witness stand, the attorney asked about a lady that was now sitting on the front row.

     “Dr, do you know this lady?’ The dentist admitted that she was one of his patients. “When was the last time that you examined her?” The dentist paused a moment and then gave an estimate of about a month.

     The Prosecutor then asked the Judge if the lady could approach the witness stand for examination by the dentist. This had the attention of all the jurors. As she got close, she smiled to reveal a gold tooth.

     “Doctor, did you place that tooth on your patient? “No” he replied. The attorney continued, “Isn’t it true that she now has a gold tooth and if someone saw her on the street, they would say that she has a gold tooth?”. The dentist had to admit the obvious.

      The lady then reached up and pulled the gold tooth off. Subsequently, the dentist had to admit that on examination, he could not tell that she had ever worn a gold tooth.

      The prosecuting attorney then was able to establish that you can purchase a gold tooth for about ten dollars. All other evidence had pointed to the guilt of this defendant, except the gold tooth.

     As the dentist told me, it probably was not the kind of expert testimony credibility that I was expecting. But, he went on to say that he learned something that day too. There truly are “gold tooth disguises” for crime. Sometimes, expert testimony does not consider all possibilities. It’s the stuff that good fiction novels contain, but this was real testimony.

     For pic o’ day, I am not trying to be political; but, this picture combination of Bill and Hillary Clinton just got my attention. I know, it’s nonsense.

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