BBC RE INDUSTRIAL INTELLECTUAL PIRACY THE RULE RATHER THAN THE EXCEPTION IN THE US' GLOBALIST ECONOMY

What's an entrepreneur to do? This is one of the problems with R & D, as it used to be called, and why or why not to bother to invest in it.  

If all products will be quickly copied, one can ask: 

why innovate, only to have innovations pirated in third world countries or second world countries?

Why?

Apple sues Samsung for 'copying' iPhones and iPad

RE NYT PERMANENT BASES AFGHANISTAN

http://www.nytimes.com/2011/04/19/world/asia/19bases.html?nl=todaysheadlines&emc=tha22

See:

http://geraldmeaders.blogspot.com/2011/04/re-pray-hope-prepare-thomas-friedman.html

RE WHY TRUMP SOARS THURSTON HOWELL MACAIRE PARALLELS

Brooks today describes what he calls a type, those who inhabit a realm he calls Upper Blowhardia, the 'abrasive, (often also rotund, I would add) rich man'.


He describes the character I have referred to repeatedly here, as 'Thurston Robert Macaire Howell', a character based in part on my uncle, and also on the TV character.


Here is Daumier's Zephyr, the wind god, 
landing, coming in to Earth from Upper Blowhardia:

RE ACTING FOR LAWYERS

Just in case any little wandering eyes stumble across this website, I should mention that my only brushes with the venerable profession of acting have been as a criminal, and then a civil, trial lawyer, before either judges or juries, over many years.

KATHLEEN BROOKS US TREASURIES LAST THROES SAFE HAVEN

'Last Throes'. Great term.


Say what?


'What rough beast, its hour come round at last, 
slouches.......'

RE S & P DOWNGRADE

Japan and the EU, 


Yes, even more Fragile.....


I would say that the solution, as always, 
is just a little bit more

'you know what'.........

RE S&P DOWNGRADES US ECONOMY

They, S & P, have needed greater (some) credibility, since long before now, but especially after, the mortgage debacle, when everybody then knew.


See eg The Big Short, Michael Lewis, etc. 

EU IS TOAST IN MORE WAYS THAN ONE BBC EDITORIAL

France blocks Italian trains carrying north African migrants

RE THE CORNER OFFICE DISTILLING THE WISDOM OF C.E.O.'S NYT EDITORIAL

Way too rosy, and unrealistic, picture, apparently painted here, of the marvelous personalities of some of these individuals.


Terms search: entrepreneur, enter preener, entre preener, maverick executive, rail to rail, Ayn Rand, Macaire, Thurston Howell, Boca, how he likes his management team, etc.

RE ATLAS WITHOUT ANGELINA NYT EDITORIAL AYN RAND

See previous posts, with terms search: Ayn Rand, Maverick, Maverick Executive, Macaire, Daumier, philosophy, etc.

CF MARY POPPINS CARTOONS

Why not show also Donald Duck, descending with an unfurled umbrella, with her, above either a desert, or an Asian island, landscape?

The caption below, Security Tag Team.
The one above, Axis of Consumption.

CHINA INFLATION BOOM OVER 5 % INFLATION INDIA BOOM ALMOST 9% INFLATION

'FREE RIDERS'...........'BEGGAR THY NEIGHBOR'..........BULL..........


EAST LAZY FARE BOOM (bubble too), blobbalization, glob alization, globbalization, 

WEST LAZY FARE BUST (squashed flat).


LAZY FARE 'BEGGAR THY NEIGHBOR' 


IN THE USA...

Re Comment The Current Situation

See my comment,  assuming he publishes it, and David Kaiser's great current post. 

THE CLASH OF CIVILIZATIONS TIME FOR A LITTLE SELF DETERMINATION JORDAN NYT EDITORIAL

'Islamists Clash With Supporters of Jordan’s King'

Fundamentalists, clashing with gov, different from socialists and so called democratists, also clashing.

Call it a 'clash of civilizations', within a small Middle Eastern country.


looks like we didn't give Jordan enough free trade.

RE BREAKING THROUGH ON TRADE NYT EDITORIAL RAW DEAL STILL ON THE AGENDA DONALD DUCK IN REVERSE

Same ridiculous position this country has taken on trade and international policy, especially the Executive Branch,  for 6 decades now, really has put us where we are. 


The excuses USED TO BE ABOUT building up 'allies' economically, FIGHTING COMMUNISM, AND PRETEXTS LIKE SECURITY, DIPLOMATIC FAVORS, MILITARY BASES, NUCLEAR STRATEGY, ETC.


Now, it is just 'human rights', 'democratization', and Cobdenism generally, in 3rd and 2nd world countries, as a 'carrot' for opening US market to low wage labor. 


The stick has been to close, or reduce mostly unilateral access to US market. (That's what has passed for 'free trade', were it an ideal in the first place.)


How many more raw foreign carrots can the US population eat, decade in decade out?


Terms search, many terms, even the last post, say, Donald Duck.

RE DONALD DUCK DOMESTIC INDUSTRY TAXES HOLLYWOOD WW II

http://www.realecontv.com/videos/government-corruption/war-and-taxes.html

Contrast this with the situation now, since WWII, re consumption consumerist propaganda, not saving to pay taxes, 


the 'Axis of Consumerism', 


opposite of domestic producerism, 


on the other foot.


See prior post here re competitiveness, trading places, etc.

RE JIM GRANT INTERVIEW

'Bond Legend Says U.S. Will Resolve Debt by Returning to Gold Standard (GLD)'

Perhaps so.

RE HUMAN RIGHTS PREACHING TO CHINA VERSUS THE COMMON WELFARE HERE

Why preach to others on so called human rights, abroad, 


while having been eliminating even the common welfare here?

re CHINA POLICY MAIN TOPIC FOR G 20

It is hard to imagine, given US trade and economic appeasement policy since the Nixon shock, to suggest such a policy now.


What a ridiculous foreign policy situation.


'Allies' are asked, in effect, to globalize more, to combat bad, mercantilist, protectionist China.

RE UNILEVER PROCTOR GAMBLE SOAP PRICE FIXING BBC EDITORIAL DISTINGUISHING CRIME FROM CAPITALISM

Monopoly capitalism working itself out here.


With monopolies like these, and crony public private deals, everywhere, one wonders where the line between price fixing, a crime, and capitalist 'business as usual', really is, anymore. 


Bobbitt has made an analogous point, in Shield, p. 339, '...the problem of distinguishing crime from capitalism...'.


In our system with its rampant monopolization, versus Europe, the question arises, whether allegations of price fixing would even surface, if the right pay off to political cronies, thus on board from the start, were made.

RE GEORGE F. KENNAN

Began reading Kennan's Memoirs 1920 to 1950.

RE TEACHING COMPANY COURSE SCIENCE WARS HISTORY OF SCIENCE GALILEO KEPLER NEWTON BACON

Professor Goldman.

I have started watching this series of lectures.


Wonderful so far. 


It touches some themes I have broached here, re terms search: compartmentalization, junk science, experts, multi disciplinary issues, disciplinary foundations, politics, philosophy of social science, Wittgenstein, metaphysics, history of science, ethics, religion, sophistry, and anti intellectualism.

RE FATTENING THINGS UP AND THE NIXON SHOCK

This is the webpage and page reference referred to in prior posts. 
The page in this document for this quote is page 27. Sorry for any confusion.

http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB106/NZ-3.pdf

RE BBC 3/31 ASIA MILITARY COMPETITION LAISSEZ FAIRE BUILD UP

China white paper highlights US military 'competition

RE PRAY. HOPE. PREPARE THOMAS FRIEDMAN NYT EDITORIAL

He still harps on the wonderful, but fitful move, probably through violent endless civil wars across the Middle East, (and doubtless leading also to major war beyond) toward his utopian democratic ideal, over there.


My thinking is toward the view that we would all have been better off under, say, the British Colonial Empire, had it lasted, than what is now to come. 


Call me Pollyanna, or something.

re FT EDITORIAL INDIA UNREST ON THE HORIZON BBC CHINA INDIA MEETING

Of course.


What would be the next shoe to drop?


See this old interchange, between Nixon and Chou re India, 
a propos fattening Things Up etc, 


and the India China trade now under way:


http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB106/NZ-3.pdf


page 30, or so.

RE OUR COWARDLY CONGRESS KRISTOF NYT EDITORIAL

Re 'impossible to explain', 


this is not that hard to explain, really, 
but it is rather complex
long history of such situations, really.


Too big and complex an entity, too many elections, too many unmanaged issues, too little real representation re political parties and their corruptions, etc.

RE THE PRESIDENT IS MISSING NYT KRUGMAN THE RAW DEAL

What has long been missing is some structured industrial and commercial economic nationalist policy. 


That cannot happen in the present political structure, for a variety of reasons, and would require drastic reform.


The Presidency, as a political tool, cannot normally accomplish this kind of thing. The New Deal, highly anomalous. Unfortunately, the New Deal lead shortly to globalist free trade; an even newer 'deal', call it the Raw Deal.


Terms search: terms search, game over, playing three sides, smell test, team play, rail to rail, etc. 

RE THURSTON EXPERTS TEAM PLAY BANKING TEAMS NYT EDITORIAL TODAY

Banks Are Off the Hook Again

This is a new example of what I have been discussing for some time now, the way so called independent experts, who nevertheless are hired and paid by the very entities, and their quarterbacks, which are to be scrutinized, are likely to behave re samples and findings.

Terms search mortgage foreclosure, Michael Lewis, Boca, Thurston, team play, anti intellectualism, Maverick Executive, mustang, smell test, etc. 

RE THE END OF AN ERA?

David Kaiser's current post.


He is right, about so much.


Here is an especially important point:


"The attack on government has also become an 


attack on reason in public life...."






This point does seem to me to go back 'a long way'.  






Politics has, (always, really, but) too often recently 


especially here, been an appeal to anti rational 


forces. 


There are many very different kinds of reasons for 


this. 


Some are polito-structural in our system, frustrating 


efforts at rationality leads to cynicism about 


rationality itself, rather than to efforts at rational 


reforms.


Complexity of post modern life has had its many 


implications toward anti intellectualism also.

RE 99 CENT STORES ALL OVER AGAIN THURSTONS RANT NYT EDITORIAL TODAY

'Businesses Stand to Gain Most in Rivalry of States'

AND, ONE SHOULD ADD, RIVALRY OF CITIES AND/OR COUNTIES, AND/OR BOROUGHS, AND OR REGIONS,  WITHIN OR ACROSS STATE LINES.

Terms search Thurston, Boca, STATE AND LOCAL GOVERNMENT, ETC. ; 

see eg quote 'pawns of Costco', in Thurston's rant. 

RE SIR MICHAEL HOWARD THE FIRST WORLD WAR

Finishing up this monograph from I believe '04. 


Wonderful short work.

RE ATTACKING THE TEAM IN EMINENT DOMAIN CHAPTER TEAMING UP ON THE FACTS

This chapter has broad implications for many topics, terms search many terms on this site, academic interdisciplinary organization, politics, law, social seience, natural science, junk science,  humanities, ethics, moral philosophy,  previously addressed on this site.


I thought to print it here, for reference to the original practical  context within which some of these multidisciplinary, and interdisciplinary, ideas first were assembled systematically.

TEAMING UP ON THE FACTS

Once the theme is selected, often early on in the aggressive team approach, the team must then deal with the actual facts in light of the theme.  Twisting, turning, omitting, excluding, embellishing, and manufacturing the facts to fit the theme.  This will all too often be the keynote of the chorus of preparation under an aggressive team approach. 

Call me Pollyanna but I like to suppose that there was once a time, long long ago, say “back in the good old days”, in a place called Camelot, or Arcadia, when you had a factual case, based on “independent” expert opinion, and the lawyer made arguments, drew inferences, and enunciated themes, based on the facts. Not the other way around. 

Nowadays, in the 'evil dark world' of eminent domain, the thematic tail sometimes wags the factual dog.  

Lawyers come up with a theme or two, and generate both the theme of  their case, and its facts even, based more on that theme than on reality.  I’ve seen cases, on both sides, where the themes and the, quote, “facts” of neither side bore much resemblance to reality.

How far should a lawyer, or some other quarterback, regardless of discipline, or objective, go, (Machiavelli or Cicero, ends or means) in influencing experts’ opinions?  

The hymns do sound better when the whole choir is singing from the same hymnal.  

And true enough, unless the efforts of the experts are carefully coordinated, the report of one expert on the team will be inconsistent with reports of other experts on the team.

The question remains, what’s wrong with a little inconsistency among ostensibly objective experts?  

What’s wrong with a wart or two on the theme of the case?  

What’s wrong with singing out of tune, just a little bit?  

What’s wrong, deep down, with the 'facts' as they are? (Phenomenology, of course, presents a modern  conundrum for 'the facts as they are'.) 

Going back to the throw down case, if the three officers’ stories hadn’t been such a unified, and identical, chorus of accusation, maybe that case would have come out differently. 

No one doubts the need for coordinated effort on behalf of an owner or condemnor.  No one would challenge the need for someone to take charge of this process for each side.  No one would claim that good themes aren’t needed by good lawyers. 

The fact remains: sometimes lawyers, and other quarterbacks in many firlds, go too far in managing this process.  How far should a lawyer (or politician, or executive) go in promoting a particular view of the facts?  In selling a theme?  In reconciling honest differences among experts? In persuading experts to massage the facts? 

Some people still may think, that the theme of the case should be based on facts, somehow. 

After all, they aren’t the lawyer’s (or other quarterback's) facts, are they? Aren’t they the expert’s facts? (Aren't they, really, in principle, everyone's facts?)   The experts’ opinions?  I’m afraid some lawyers and quarterbacks just don’t think so.  They believe the facts are their facts. 

And believe me, ladies and gentlemen, they’re not out there just gently caressing the cheek of the facts here and there, gilding the lily so to speak.  

They’re sometimes downright violating the facts. Owner lawyers may be a little better at this than government ones, but not much.  Why, they will sometimes order their planner to put a super pumper or a strip center, on a low wet agricultural site, and then have their appraiser rubber stamp this opinion.  Yet rule 4-3.4 prohibits obstruction and fabrication.

Tactically, many lawyers don’t worry much that the other side might object that part or all of their case is a fabrication, or a sham. This type of challenge doesn’t happen very often, or very well, in law or elsewhere, where lay non expert opinion is, itself, so suggestible. At least not yet…

If a lawyer gives an expert a supposed fact or theory, there is a risk that the other side will be able to use that supposed fact against him. 

For example, owners’ appraisers often trot out condemnation blight.  But they often don’t have the foggiest idea what blight is or how to prove it.

This can be quite comical.  Remember that cartoon where the coyote dreams of catching the roadrunner, and you see him thinking of a nice roast chicken?  Well, ladies and gentlemen, for the experienced wolf on the other side, the blight-slinging appraiser looks like a nice, roast, chicken! 

Yet, blight is often a “dream theme” for owner lawyers: it has high emotional appeal.  It’s so foul an accusation that, even though baseless, some juries buy it.  Blight and other often spurious ideas are spoon fed to experts like pablum from their quarterback.

However, on the other side, government appraisers who fail to consider the issue when blight really exists can look like roast chickens as well. 

For condemnors, the myth of no damages from the taking is an often spurious idea, very susceptible to team manipulation. 

The thematic 'myth', of agricultural property values, along a developing commercial corridor, is another good example. 

Another is that the existing improvements have no contributory value.  This is where the appraiser says the old family homestead is economically obsolete and should be torn down because the land is worth more without it.  It may even be true, but this often doesn’t play well  for a jury.

RE BBC EDITORIAL TODAY

'Anti-US sentiment is 'rife' in Afghanistan and Pakistan'

Wonder why? 

Must be wrong team.

That's not cricket.

SOMEONE POSTED MY CELLO INTERIOR AS A PALIN PROBLEM

ATTACKING THE TEAM CHAPTER PICKING THE THEME

PICKING THE THEME

After the team is picked, how do you go about winning in eminent domain, or in other areas of litigation?

Trial lawyers know that simple, powerful, emotional themes  play better in front of juries, than multiple, complicated, disjointed facts.  Simple, powerful themes help you win.

Accordingly, speakers often point out the need to develop a single overarching “theme of the case”. 

Where does this theme come from?  Is it also picked by the quarterback, like the players?  Is it developed in some process?   A democratic process?  A majority decision?  Is it based on facts and evidence?  Whose theme is it, anyway?

Some pundits attempt to connect the genesis of the theme of the case to an expert factual basis, for example from reviewing appraisal reports: “a review of respective appraisal reports will reveal the issues....  Determining and understanding these differences is critical in developing an appropriate theme….”

So, on this model, the theme starts with differences of opinion on appraisal issues.  Many eminent domain lawyers, I suspect, would agree.

So, it seems, the reports come first, and the theme develops after.

There’s a comforting sense of objectivity and empiricism in this manner of developing the theme. No phony monkey business going on here.  Here, all’s right with the world!

But, as we pursue the matter further, we find that reviewing appraisal reports may not be how the theme is actually developed in the twilight world, or the evil dark world, of eminent domain. 

How the theme is actually developed is somehow often connected with team meetings.  Hey. ‘Theme’ sounds a lot like ‘team’, doesn’t it?  Picture the feuding families in Romeo and Juliet: “Are you ona mya theme, ora theira theme?”  Or, say, West Side Story: “Eet’s usss orrr theme.” 

The team approach, as in many areas of litigation, often uses periodic ‘team meetings’.  Meetings are required for the team approach.  Let’s face it, if a team doesn’t meet face to face, it’s not really a team, is it?  And guess what? “Team” spelled backwards almost spells “meet”! Team meetings are devoted to various activities, that are basically chronological.  

For example, illustrative team meeting topics might include:

1. Articulate theme

2. Assign responsibilities

3. Coordinate scheduling and efforts

4. Collect and verify data

5. Insure consistent data by all experts

6. Dissemination of information among experts

7. Discuss and challenge opinions

8. Establish necessary predicates

9. Discuss legal issues

10. Critique draft reports

Most experienced lawyers, in the field and in many others, if asked to make a list of topics for meetings with experts, might come up with such a list.

Surprise: the first topic for the first team meeting is to articulate the theme of the case. 

Note: it seems that the theme may be set before the experts have done anything.

But I thought we said the theme comes after the appraisal reports?  


But then, how could the theme, the first topic, be based on appraisal reports, the last topic?  


How could the order of team meetings have gotten so out of whack?

Is this some kind of pretzel logic?  A lurking chicken or egg problem?  You can’t have a theme until you have appraisal reports, but you can’t have appraisal reports until you have a theme?     

It seems that often according to the team approach, the theme of the case is something of a puzzle.  Each of the experts has information which is a necessary and integral part of that puzzle.  I will call such themes “team themes”. 

Sounds here like the theme comes at the end. When the puzzle is finally solved, doesn’t it? 

Quarterbacks, in all fields of law, dance all around how a theme gets developed.  Anyone who tries analytically to connect a theme factually to trial preparation will get into similar theoretical difficulties.

Themes can come from reviewing the other side’s report, yet giving up reports in discovery is the last thing anybody wants to do, not the first. 

Once you submit experts’ final reports to the opposition, you have to live and die with everything in those reports; a strategic decision should be made concerning how much information to include. W.C. Fields once said, ‘never smarten up a child.’”

Condemning authorities, at least in Florida under ch. 74 have to give preliminary appraisal reports up front.  They have to smarten up the child on the other side right away.  Owners can wait until later.     

Ultimately, the one-theme approach presents a pristine purity of position.  It will be made to sound like the experts are singing from the same score, singing the same song, talking the same talk, walking the same walk….like puppets on a string…like sleepwalkers, walking in a dream.  A theme is rather like a dream, isn’t it?  I will call this a “dream theme”.

Some dream themes don’t need appraisal reports.  They don’t need facts.  They don’t even need experts or team meetings.  


They are ‘dreamed up’ by the lawyer, not generated, over time, by a team.  


It has been put like this:  “central to …the entire case, …, is determining a winning theme….for the condemning authority, the theme many times will be greed....  For the land owner, … destruction....”

These themes are primordial. They are emotional responses to the eminent domain taking and compensation process itself. They are visceral abstractions.  They can make powerful images.

In the aggressive team approach, there is little room for warts on a dream theme.  


A dream theme usually doesn’t come from differences between appraisal reports. Appraisal reports are too complex, too factual, and too dry.  Dream themes often spring, full blown, from the head of the quarterback, as some Greek gods sprang from the head of Zeus.

There is another type of theme, drawn from closing argument theory. Yet they bear what you might call a “family resemblance” to team themes. 

There should be a catchy soundbite.  Good themes can be found in popular culture and history.  Some examples that can be worked into an eminent domain case are:   The end justifies the means.  It’s impossible to bury the truth.  Desperate men do desperate things.  Garbage in, garbage out.  Actions speak louder than words. He who pays the piper calls the tune.  Already familiar slogans also work.

If some of these popular themes don’t seem all that good, let’s call them “clean themes”, to distinguish them “team themes” and “dream themes”.

Some themes may actually come from a client. 

Wherever the theme comes from, regarding use of the theme by experts, the team approach requires selling your experts on your theme.

RE CIVILIZATIONAL ADVANTAGE THE WEST AND THE MARKET CAPITALISM PARIAH

Largely because of the implications, for the whole world, of how the US forced the Cold War strategy for the last 60 years in the direction of global capitalism, now that the fallout for the West from that initiative has become increasingly plain, both to former allies and trading partners in the West, the US will increasingly be seen, perhaps has increasingly already been seen for some time now, as a Western civilization pariah, a dangerous strategic or trading partner, and an untrustworthy nation, given that American globalization is itself a repudiation of nations themselves, and what they have stood for.


When it hits the fan, don't expect 'globalist team work', so to speak, an oxymoron for the foreseeable future. 

THE MELLON DOCTRINE NYT KRUGMAN

Why should Keynesianism, at least in principle, be considered at odds with hard currency?


One big problem has been that the world has gone off the gold and silver standard.


In the old days, arguments were made not to allow domestic currency abroad; one had to exchange money for foreign business deals as they occurred. 


Bretton Woods made the dollar not only the world's reserve currency (still 'backed', at least until 1971 I believe, by gold), but thereby increasingly took its control out of US hands, more or less.

RE HUNTING BIRDS OF PARADISE MAUREEN DOWD NYT ETHICS

"Money's the cheapest thing." Cunningham


Terms search: beautiful ugly, philosophers, marilyn, ethics, etc.

ATTACKING THE TEAM IN EMINENT DOMAIN CHAPTER PICKING THE TEAM

PICKING THE TEAM

Now think about what 'team play' might mean in this litigation.  If the quarterback can choose his experts, and they come to rely on him for a significant part of their income, he can hold the purse strings to their livelihood. 

Some experts may reply, “that’s not true: we agree to take what the court awards.  We are paid based strictly on hours, not on outcomes.  That makes us impartial.” 

Well, the truth, ladies and gentlemen, is that the impartial court doesn’t hire them.  

Who hires them, year in year out, especially according to the team approach?  The quarterback hires them.  

Who handles their cost hearings, getting them what the court impartially awards, year in, year out?  The quarterback does.

Similar comments apply to condemning authorities, where experts may earn a high percentage of their living working for one authority, year in, year out.

In more ways than one, a sense of team work, team reward, and team punishment, can build in these cases, simply based on who makes the team, who doesn’t, how they do, and how they’re paid.

Once the team gets picked, what is its mission?  What is its goal?  

Is it to get things right?  To be accurate?  To reflect reality the way it really is?  To tell the truth?  To play fair?           Perhaps.

But what is a team’s real goal?  What are they really out there to do?  What were they picked for?  What stirs the blood of the players?  What brings them to their feet?  You all know what that is, don’t you? 

A team’s main goal, is simple:  A team’s main goal is to win.

RE THE TRUTH, STILL INCONVENIENT KRUGMAN NYT MONDAY

This PK essay tracks closely some recent themes here, re team play, and the use and abuse of experts, compartmentalization, anti intellectualism, and powerful multi expert agendas. (He is at his best when he stays away from the lost field of economics, anyway.)


See recent posts, terms search: terms search, team play, quarterback, pyramid of experts, junk science, maverick, social science, attacking the team, cartoon, mise en scene, cards, bonobo, bonobos in heaven, etc.

RE TEAM PLAY EXPERTS IN ALL FIELDS THE MAVERICK EXECUTIVE AND OTHER IMPLICATIONS

I want to refer to themes broached in many prior posts, in a business context, and to refer to some specific examples in litigation on the one hand; 

and to some very broad implications for all fields of specialization, compartmentalization, and/or to marshallings of specialized and or compartmentalized expert endeavor, on the other.

I recently quoted a portion of my old talk, on team play, attacking the team in eminent domain. 

The concept of team play, use of multiple diverse experts in different fields, combined by the lawyer into teams, in litigation, and elsewhere, was raised. 

This is not a new, or even a very recent innovation, in litigation, or otherwise. 


The use of multiple experts in eminent domain, for example, seems to go back at least to the early 1970s, at least in Florida, and probably also in many other states, 


and parallels can no doubt be found in some other specialties of law, where more than one expert could contribute to, and/or be compensated for, work on complex cases.

The Florida Eminent Domain Manual 3rd Edition,  from all the way back in 1977, already contained a subchapter of Ch.7, written by three authors, on 'The Team Concept', 

"....The opinion and testimony of the real estate appraiser are far more persuasive when his judgment is supported by independent studies and testimony in those areas that the appraiser is not and will not be regarded as an expert....Commonly the lawyer on both sides will use only real estate appraisers to testify.....The result is a standoff....Some lawyers try to overcome this result by having an other expert who will be regarded as an objective witness who knows what he is talking about.  The jurors will not accept this education from the real estate appraisers, who they somehow think are really advocates for their client's position.... Repetitive use of a successful team increases its capability to act in a coordinated manner in trial preparation and in trial....The lawyer has the ultimate responsibility for the outcome of the case and should command the team....Working as a team in a coordinated effort never should infringe on the professional integrity or judgment of the individual members...."


Some of the implications of such innovations, especially on issues of 'professional integrity or judgment', 35 years later, must be rather obvious, at least to some practitioners in Florida.


Similar comments, and concerns, may be found to apply in many fields of litigation. 


The idea, of marshaling teams of experts, academic or otherwise, from ostensibly diverse fields, also no doubt has many implications for nonlegal spheres, such as politics, social science, economics, medicine, where often many different specialties have to be consulted to arrive at a position on some pending legislation, or political decision.

http://bozonbloggon.blogspot.com/search?q=bielby

RE VODAFONE BUY INDIA OUT

These things never last.


They are always subject to other obvious technology transfer agendas. 


One wonders why western countries continue to bother.

RE DIAN CHU ECONMATTERS ARTICLE BUBBLELIZATION

There are so many bubbles today that once QE2 ends, and the tightening cycle begins, investors are going to lose a lot of money.

Read more: http://community.nasdaq.com/News/2011-04/excess-liquidity-cheap-money-runs-rampant-on-wall-street.aspx?storyid=69333#ixzz1ITmj6UCy

THE PROBLEM IS GLOBALIZATION THE SOLUTION IS GLOBALIZATION

Sir Michael Howard, whose work I admire, criticizes market capitalism as a cause for widespread instability, 


yet says that, in effect, it must insure that there are no losers in the globalized market economy.


Good luck. 


Isn't that, after all, what 'capitalism' usually means by implication, the creation of winners versus losers by market forces?


http://www.youtube.com/watch?v=kQzgnYRqLsc

RE ATTACKING THE TEAM IN EMINENT DOMAIN TOPIC OF MY TALK CHAPTER

 TOPIC OF MY TALK (ARISTOTLE PHILOSOPHY PHILOSOPHERS: EXCESS OR DEFECT)

Everyone acknowledges that some team-like effort is necessary in coordinating and presenting a condemnation case.  Most lawyers appreciate the point regarding the benefits from more effective team effort.

However, this view focuses on when there’s not enough team work, what you might call, (following Northrup Frye's Anatomy Of Criticism  schematism  applied to litigation cycles instead of literary epochs, or Aristotle's concept of defect,)  the 'pathetic' side of the team play issue. 

The topic of my remarks is a different side, let’s call it, (once again vaguely mimicking Frye's categorizations, what Aristotle would have called excess,) the dark side, of team play: 


when there’s too much of it.

How prevalent is too much team play?  


Geselbracht, in an ABA publication, himself an advocate for a team approach, to land use cases in Illinois, says “too many lawyers make the mistake of only hiring an expert whom they can control and who will give an opinion favorable to their case.”

“Too many lawyers”… How many is that? Believe me, that’s a lot of lawyers!  You might find it’s that way in eminent domain in your state. 

This is something many of you may be familiar with. Something no one seems to talk about at seminars.

I will raise professional questions, about how far is 'too far', for eminent domain as a team sport. 

I will raise ethical concerns, not just professional ethics, but ethics in general, about what I will call aggressive team play.  


But I am not just going to talk about ethics. 


I will explore tactical weaknesses in cases built on aggressive team play.  


I will suggest causes and solutions for the problem. I may tell a war story or two.

Y'all can get boring old ethics hours for listening to tactics and war stories.  It just doesn’t get any better than that!

 

RE BERTRAND ON THE RUNWAY MACAIRE AND THE GLOBALIZATION STIGMA OF FATNESS

Following up, in quite another vein, on some recent themes, I am going to say a few choice words about some relationships.


Let's say that most fashion models, on the fashion runways, in global market fashion capitalism, are 'straight 'men'', 'Bertrands'.


You cannot understand this unless you understand at least a very little, as I do,  of the history of comedy, within history.


Bertrand was the straight man, 'the thin man', for Robert Macaire, made famous in graphics, after they were notable characters in literature, politics, and drama,  by Daumier. Look also at Daumier's early period.


If you look at comedy teams like Laurel & Hardy, and Kramden & Norton, there are parallels. There are others.


Terms search Thurston, Maverick, Macaire, Beautiful, ugly, marilyn, philosophers, Venus, Willendorf.

re blobbalization globbalization GLOBALIZATION laissez faire liberal democratic capitalism diet and the menu

Fat Stigma Spreads Around the Globe NYT EDITORIAL

The results, Dr. Brewis said, suggest a surprisingly rapid 


“globalization of fat stigma.”

Food Inflation Kept Hidden in Tinier Bags

FOOD FIGHT NYT EDITORIAL

Not a Huntington esque 'clash of civilization', clash 

of 

titans, too big to fail, too big to fall, 

or is it something else, say Cobdenist peace protests 

at fat ones, runway rebels?

Terms search: most any term here.


Also, eg: beautiful ugly.


(See also, not a term search: government hooker. Try corporate hooker, too.)


What is wrong with being a little portly like this:

RE JAMES GRANT before congress

Great stuff:

http://www.realecontv.com/videos/central-banks/how-the-fed-is-destroying-the-us-economy.html

My views diverge from Grant's, but he is right about one or two things. 


He calls the Federal Reserve central planning for the banking industry. That may be partially true, but it has been highly hobbled and fragmentary planning, at best,  even for that abusive sector.


Securities laws, also fragmentary planning from the first.


Corporations, weakly regulated, fragmentarily (federal and states' anti-trust laws), by the several states primarily, by the IRS tax laws, intellectual property laws, and private 'remedies'.