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Daily Archives: February 27, 2018

Understanding and Overcoming Cognitive Biases for Lawyers and Law Students

Fruehwald, Edwin S., Understanding and Overcoming Cognitive Biases for Lawyers and Law Students: Becoming a Better Lawyer Through Cognitive Science: Chapter One – An Introduction to Cognitive Biases (February 8, 2018). Understanding and Overcoming Cognitive Biases for Lawyers and Law Students: Becoming a Better Lawyer Through Cognitive Science (2018); ISBN-13: 978-1985130135. Available at SSRN:

“Did you know that cognitive biases can affect your relationships with clients? Do you know the most important cognitive bias for defense attorneys in jury trials? Do you know why traditional sexual harassment training doesn’t work? Did you know that it is easy to make an ethical violation, even if you didn’t intend to? Did you know that cognitive biases can lead to malpractice suits? This book helps lawyers and future lawyers understand the cognitive biases that can affect their law practices. It introduces lawyers to cognitive biases and how to overcome them. It demonstrates how to think more clearly and how to avoid being manipulated by others through cognitive biases. It also explains how you can use cognitive biases in persuasion. Finally, it demonstrates how attorneys can avoid unconscious ethical lapses. The first part of this book (Chapters 1–5) introduces cognitive biases. It will help you understand these biases, show how these biases work in the law and legal profession, and give exercises so that you can develop the ability to overcome your cognitive biases. Chapter 6 will go into more depth by showing how the cognitive biases fit into a model of moral reasoning. Chapter 7 will demonstrate how cognitive biases affect legal ethics (behavioral legal ethics). Chapter 8 will present special problems concerning cognitive biases and the legal profession. Chapter 9 will contain additional exercises on cognitive biases in general, and Chapter 10 contains review exercises focused on lawyers and the practice of law.”

New on LLRX – From Judging Lawyers to Predicting Outcomes

Via LLRX – From Judging Lawyers to Predicting Outcomes – Itai Gurari discusses Judicata’s latest technology solution – Clerk – that evaluates briefs filed in court, grading them on three dimensions: Arguments, Drafting, and Context. The grading reflects factors like how strong the brief’s arguments are, how persuasive the relied upon cases are, and the… Continue Reading

U.S. Taxpayers May Foot the Bill for Billions in Oil and Gas Well Clean-up Costs

Center for Western Priorities: “U.S. taxpayers could be on the hook for billions of dollars in oil and gas well cleanup costs Federal oil and gas bonding levels have not changed since the 1950s and 60s, despite deeper wells and rising reclamation costs. A new report from the Center for Western Priorities estimates the costs… Continue Reading

WaPo – Spring arriving 20 days early – this is not good

The Washington Post: “For the second year in a row, spring has sprung early. In the Mid-Atlantic, cherry blossoms started to pop out of their buds in mid-February, and the crocuses have all but come and gone. Temperatures have dipped below freezing on only five mornings this February in the District, and nature is playing… Continue Reading

Dead Reckoning – Navigating Content Moderation After “Fake News”

Data & Research Institute White Paper – Dead Reckoning – Navigating Content Moderation After “Fake News”, Robyn Caplan, Lauren Hanson, and Joan Donovan, February 2018. “Fake news” has become an intractable problem and reckoning with it requires mapping new pathways for online news verification and delivery. Since the 2016 election, the phrase has been a… Continue Reading

Media Manipulation – Efforts to exploit technical, social, economic and institutional configurations of media

The Media Manipulation Initiative (MMI) examines how different groups use the participatory culture of the internet to turn the strengths of a free society into vulnerabilities, ultimately threatening expressive freedoms and civil rights. Efforts to exploit technical, social, economic, and institutional configurations of media can catalyze social change, sow dissent, and challenge the stability of… Continue Reading

BUNET: Screenshots of the FBI’s Internal Website

AltGov2: “BUNET is the FBI’s internal, employees-only website (a/k/a intranet). As far as I can tell, it’s never been seen by the public until now. In August 2017, I [Russ Kick] filed a FOIA request for color screenshots of the homepage and of each page linked from the homepage. I received the PDF above. It… Continue Reading

Turmoil at the New York Times

Vanity Fair – Hive: “The Newsroom Feels Embarrassed”: Backfires and Explosions at The New York Times as a Possible Future Chief Re-Invents the Paper’s Opinion Pages – “A yoga-pants refusenik, a climate-science skeptic, and a tech writer with a neo-Nazi pal, among other offenders, have put James Bennet in the crosshairs.” “Leading the country’s most… Continue Reading

Children struggle to hold pencils due to too much tech, doctors say

The “Children are increasingly finding it hard to hold pens and pencils because of an excessive use of technology, senior paediatric doctors have warned. An overuse of touchscreen phones and tablets is preventing children’s finger muscles from developing sufficiently to enable them to hold a pencil correctly, they say. “Children are not coming into… Continue Reading