the Zealous

24 Nov 18 1639


In Lawyers as Upholders of Human Dignity, Georgetown Law Professor and legal ethics guru David Luban explains how advancing and maintaining human dignity is a fundamental cornerstone of our profession. Indeed, it is  “what makes the practice of law worthwhile.” 

Defining dignity as a “property of relationships between humans”, Prof. Luban articulates how the right to legal representation in criminal cases neatly encapsulates the notion of the law as a defender of human dignity. Prof. Luban starts with the premise that if human dignity is to mean anything at all, it must mean that every human has the right to have her story heard, particularly if the consequences at stake are moral condemnation, and loss of life or liberty, in the form of criminal sanction. “A procedural system that simply gagged a litigant and refused to even consider her version of the case would be, in effect, treating her story as if it did not exist, and treating her point of view as if it were literally beneath contempt.”

________________

31 Oct 18 1104

Selected excerpts from the most recent edition of Landslide, the ABA Intellectual Property Section’s flagship publication, and the articles and authors from which they are lifted:

[W]hen you start a business as an entrepreneur or inventor, it’s all about managing a relationship between risk and reward. There’s obviously a huge amount of risk and uncertainty in starting a company or developing a product. But the reward, the ability to get a patent …, is the reason why entrepreneurs and investors are willing to assume that risk. With a strong patent system, there’s greater certainty that a patent is going to issue and then that patent is going to kind of stand the test of time ….

________________

21 Sep 18 1948

In his 2018 book, Bullshit Jobs: A Theory, David Graebe, anthropologist and an early founder of the Occupy Wall Street movement, recounts the rise in the last century of “bullshit jobs”: occupations that serve no socially useful function, and instead cause soul-crushing psychological suffering to those forced to take on such work. Graebe contends that as much as forty percent of all jobs in the world are bullshit, which he defines as:

a form of paid employment that is so completely pointless, unnecessary, or pernicious that even the employee cannot justify its existence even though, as part of the conditions of employment, the employee feels obliged to pretend that this is not the case.

Graeber catalogs five different species of bullshit jobs: flunkies, goons, duct tapers, box tickers, and taskmasters. He indicts all “corporate lawyers” as falling into the “goons” category.

________________

Query Thread Page

On this page you can:
 
  • subscribe to this query
    By subscribing, you will receive email (as frequently as you specify) of new activity in this query.
  • vote up or vote down queries and replies
    Voting is a generalized proxy for your assessment of the worth, quality, articulation, etc of a query or reply. Voting up a reply or query increases the reply/query author's mojo by one. After you vote, you have five minutes to undo it.
  • reply to the query or add a comment to the query or any reply
    A reply is a serious substantive response, worthy of addition to the knowledge being recorded for all of us here. Comments, simply, are for responses that are not replies (questions, clarifications, caveats, etc). You must scroll all the way down to add a reply; might as well read all of the replies on the way down. If you would like to include with your reply new legal text for others to edit, feel free to add a clause. Adding a reply gives you one mojo.
  • edit a clause (quick-reply)
    If you want to quickly add a reply that is an edit of another member's legal text, click the edit clause link on the clause you wish to edit, and you will be taken to the bottom of the page, with the text of the clause ready for your edits.
  • select best reply (if you are the author of the query)
    If you authored this query, be sure to select the reply that you believe is the best (and consider explaining why you selected this reply as best in a comment to that reply). You receive one mojo for doing so. The author of the reply you select as best will receive four mojo or the bounty award you posted for this query. You can change your mind as many times as you want. If you de-select a best reply, the reply author loses two mojo or the bounty mojo awarded, and you lose one mojo.
  • edit/update or delete query (if you are the query author)
    If you authored this query, you may edit it at any time, and delete it before a reply has been posted to it. Clauses may be edited only if no other member has redlined that clause. You may also add a bounty award or increase already-posted bounty, at any time (even after a reply has been posted).
  • flag (ie complain about) a query, reply or comment
    Use as sparingly as appropriate given the circumstances.
  • quiver and favorite
    You may add/remove this query to/from your favorites, and add/remove clauses in this query to/from your quiver. If you are a guild moderator, you can similarly add/remove this query to/from guild favorites, and add/remove clauses here to/from your guild quiver.

A friendly reminder: be excellent to each other and remember the human.

FAQs | How do I ...?
What are subscriptions?
Redline allows you to subscribe to queries (so that you can be alerted to new replies and comments that are posted to those queries), members (so that you can know of new queries posted by that member) and guilds (so that you can track new queries posted with tags of guilds you follow). With subscriptions, you are notified via email, and on the Home (Your Notifications) page, of new activity corresponding to your subscriptions. Via the Settings/Subscriptions page, you can manage your subscriptions, including altering the timing of notification emails.