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The Law Is Usually on the Buyer's Side - Shortcuts - NYTimes.com - 0 views

  • First, there’s the concept of the implied warranty. Yes, we all know that any major appliance or product is going to fail days after the manufacturer’s warranty runs out. But apparently, that’s not the end of the story. Have you heard about the concept of “implied warranty of merchantability?” It is part of the Uniform Commercial Code, first published in 1952. That means, said Anthony Giorgianni, associate finance editor for Consumer Reports Money Adviser, that when a retailer sells you something, it is giving you an unwritten assurance that the item being sold will perform how it is supposed to for a reasonable period of time. This implied warranty overrides any return policy or limitations in the manufacturer’s warranty. All states have adopted, in some form or another, this provision of the Uniform Commercial Code or similar legislation, he said.
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Sex, Violence and the Supreme Court - NYTimes.com - 0 views

  • Quite a bit of rough stuff was bandied about in one of the final Supreme Court decisions of the term released last month — dismembering, bondage, decapitation, a bounty of bloodletting in video games that bring the thrill of the kill to new levels. No problem there, in the view of the court: for children who want to simulate brutal homicide, it’s protected free speech.Sex, not so good. Naked women. Naked men. Fornication. Ewww! The black-robed majority made it clear that the United States of America will always make an exception for sex: “historically unprotected speech,” in the words of Justice Antonin Scalia, who wrote the 7-2 video game opinion.
  • The take-away point from Brown v. Entertainment Merchants Association was that the court continued to expand freedoms granted by the First Amendment. But in overturning a California attempt to ban underage video game sales, the case revealed a fascinating intra-justice discussion about modern depictions of sex and violence — why one can be censored, and the other cannot.Ultimately, the back-and-forth by the high court reinforced the notion of a nation that will always be a little skittish about sex, while viewing violence as American as apple pie. If this ruling is indeed a triumph for the First Amendment, it continues a strange double standard.
  • In dissent, Justice Stephen Breyer pressed the issue of why it was O.K. to protect children from sexual images but not from the worst kind of human carnage. His zinger points merit a second look before court-watchers settle into their Adirondack chairs for the summer:But what sense does it make to forbid selling to a 13-year-old boy a magazine with an image of a nude woman, while protecting a sale to that 13-year-old of an interactive video game in which he actively but virtually binds and gags the woman, then tortures and kills her?Breyer expanded further, pointing to the absurd implications of the court’s drift. “What kind of First Amendment would permit the government to protect children by restricting sales of that extremely violent video game only if the woman — bound, gagged, tortured and killed — is also topless?”
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  • Since he asked, the answer seems to be that a First Amendment that bans an exposed breast to a certain age group is a good thing, while a First Amendment that gives that same age group unfettered access to avatars lopping off a breast is benign. It’s a theme that runs through the culture, enough so that Scalia could breezily dismiss parental concerns about the violent digital playpen he’s so afraid of regulating. “Mortal Kombat” and other games of graphic mayhem are part of a long, cherished tradition, this most conservative of justices argued.
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Wall Street Protest Shows Power of Place - NYTimes.com - 0 views

  • no matter how instrumental new media have become in spreading protest these days, nothing replaces people taking to the streets.
  • In his “Politics,” Aristotle argued that the size of an ideal polis extended to the limits of a herald’s cry. He believed that the human voice was directly linked to civic order. A healthy citizenry in a proper city required face-to-face conversation.
  • We’re so distracted these days, people have forgotten how to focus. But the ‘mic check’ demands not just that we listen to other people’s opinions but that we really hear what they’re saying because we have to repeat their words exactly.
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  • Living in Europe for the past few years, I often came across parks and squares, in Barcelona and Madrid, Athens and Milan, Paris and Rome, occupied by tent communities of protesters. Public protest and assembly are part of the European social compact. Maybe the difference in America has something to do with our longstanding obsessions with automobiles and autonomy, with our predilection for isolationism, or our preference just for watching, more than participating.
  • This peculiarity of zoning law has turned an unexpected spotlight on the bankruptcy of so much of what in the last couple of generations has passed for public space in America. Most of it is token gestures by developers in return for erecting bigger, taller buildings. Think of the atrium of the I.B.M. tower on Madison Avenue and countless other places like it: “public” spaces that are not really public at all but quasi-public, controlled by their landlords. Zuccotti in principle is subject to Brookfield’s rules prohibiting tarps, sleeping bags and the storage of personal property on the site. The whole situation illustrates just how far we have allowed the ancient civic ideal of public space to drift from an arena of public expression and public assembly (Speakers’ Corner in Hyde Park, say) to a commercial sop (the foyer of the Time Warner Center).
  • “It requires an architecture of consciousness,”
  • In Europe, the protests were about jobs, government rollbacks and debt. That the message of the Zuccotti Park occupiers is fuzzy somewhat misses the point. The encampment itself has become the point. “We come to get a sense of being part of a larger community,” said Brian Pickett, a 33-year-old adjunct professor of theater and speech at City University of New York. I found him sitting last week among the neat, tarpaulin-covered stacks of sleeping bags in one corner of the park. “It’s important to see this in the context of alienation today. We do Facebook alone. But people are not alone here.”
  • Imagine Zuccotti Park, one protester told me, as a Venn diagram of characters representing disparate political and economic disenchantments. The park is where their grievances overlap. It’s literally common ground.
  • And it was obvious to me watching the crowd coalesce over several days that consensus emerges urbanistically, meaning that the demonstrators, who have devised their own form of leaderless governance to keep the peace, find unity in community
  • The governing process they choose is itself a bedrock message of the protest.
  • That said, on the ground is where the protesters are building an architecture of consciousness.
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Choosing a Pronoun - He, She or Other - After Curfew - NYTimes.com - 0 views

  • Though Google created the “other” option for privacy reasons rather than as a transgender choice, young supporters of preferred gender pronouns (or P.G.P.’s as they are called) could not help but rejoice. Katy is one of a growing number of high school and college students who are questioning the gender roles society assigns individuals simply because they have been born male or female.
  • “You have to understand, this has nothing to do with your sexuality and everything to do with who you feel like inside,” Katy said, explaining that at the start of every LGBTQQA meeting, participants are first asked if they would like to share their P.G.P.’s. “Mine are ‘she,’ ‘her’ and ‘hers’ and sometimes ‘they,’ ‘them’ and ‘theirs.’ ”
  • P.G.P.’s can change as often as one likes. If the pronouns in the dictionary don’t suffice, there are numerous made-up ones now in use, including “ze,” “hir” and “hirs,” words that connote both genders because, as Katy explained, “Maybe one day you wake up and feel more like a boy.”
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  • Teenagers are by nature prone to rebellion against adult conventions, and as the gender nonconformity movement gains momentum among young people, “it is about rejecting the boxes adults try to put kids in by assuming their sexual identity labels their personal identity,” said Dr. Ritch C. Savin-Williams, director of the Cornell University Sex and Gender Lab. “These teens are fighting the idea that your equipment defines what it means for you to be a boy or girl. They are saying: ‘You don’t know me by looking at me. Assume nothing.’ ”
  • Dr. Savin-Williams, who is also the author of the book “The New Gay Teenager,” went on to list some of the new adjectives young people use to describe themselves: “bi-curious,” “heteroflexible,” “polyamorous” and even “wiggly.”
  • The semantic variations are part of a nascent effort worldwide to acknowledge some sort of neutral ground between male and female, starting at the youngest ages. Last year, a preschool in Sweden, appropriately called Egalia, opened with the goal of eliminating all gender bias by referring to the children as “friends,” instead of girls and boys, as well as avoiding all gender-specific pronouns.
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Where Are the Jobs? - NYTimes.com - 0 views

  • Second, there has been a loss of utopian élan. If you go back and think about America’s big World’s Fairs or if you read about Bell Labs in its heyday or Silicon Valley in the 1980s or 1990s, you see people in the grip of utopian visions. They imagine absurdly perfect worlds. They feel as though they have the power to begin the world anew. These were delusions, but inspiring delusions. This utopianism is almost nowhere to be found today. Stephenson and Thiel point out that science fiction is moribund; the new work is dystopian, not inspiring. Thiel argues that the environmentalist ethos has undermined the faith in gee-whiz technological wizardry. Legal institutions and the cable TV culture dampen enthusiasm by punishing failure so remorselessly. NASA’s early failures were seen as steps along the way to a glorious future. Deepwater Horizon’s failure demoralized the whole nation.
  • Third, there is no essential culture clash. Look at the Steve Jobs obituaries. Over the course of his life, he combined three asynchronous idea spaces — the counterculture of the 1960s, the culture of early computer geeks and the culture of corporate America. There was LSD, “The Whole Earth Catalogue” and spiritual exploration in India. There were also nerdy hours devoted to trying to build a box to make free phone calls. The merger of these three idea networks set off a cascade of innovations, producing not only new products and management styles but also a new ideal personality — the corporate honcho in jeans and the long-sleeve black T-shirt. Formerly marginal people came together, competed fiercely and tried to resolve their own uncomfortable relationships with society.
  • The roots of great innovation are never just in the technology itself. They are always in the wider historical context. They require new ways of seeing. As Einstein put it, “The significant problems we face cannot be solved at the same level of thinking we were at when we created them.” If you want to be the next Steve Jobs and end the innovation stagnation, maybe you should start in hip-hop.
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Who You Are - NYTimes.com - 0 views

  • Before Kahneman and Tversky, people who thought about social problems and human behavior tended to assume that we are mostly rational agents. They assumed that people have control over the most important parts of their own thinking. They assumed that people are basically sensible utility-maximizers and that when they depart from reason it’s because some passion like fear or love has distorted their judgment. Kahneman and Tversky conducted experiments. They proved that actual human behavior often deviates from the old models and that the flaws are not just in the passions but in the machinery of cognition. They demonstrated that people rely on unconscious biases and rules of thumb to navigate the world, for good and ill. Many of these biases have become famous: priming, framing, loss-aversion.
  • We are dual process thinkers. We have two interrelated systems running in our heads. One is slow, deliberate and arduous (our conscious reasoning). The other is fast, associative, automatic and supple (our unconscious pattern recognition). There is now a complex debate over the relative strengths and weaknesses of these two systems. In popular terms, think of it as the debate between “Moneyball” (look at the data) and “Blink” (go with your intuition). We are not blank slates. All humans seem to share similar sets of biases. There is such a thing as universal human nature. The trick is to understand the universals and how tightly or loosely they tie us down. We are players in a game we don’t understand. Most of our own thinking is below awareness. Fifty years ago, people may have assumed we are captains of our own ships, but, in fact, our behavior is often aroused by context in ways we can’t see. Our biases frequently cause us to want the wrong things. Our perceptions and memories are slippery, especially about our own mental states. Our free will is bounded. We have much less control over ourselves than we thought.
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The Working Nation - NYTimes.com - 0 views

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    In our meritocratic culture, satisfying and stretching work has become a psychological necessity. More than ever before, we are defined by what we do. If you are of prime age and you are not in the labor force, or engaged in some deeply stretching activity like parenting, then you will begin to feel drained inside. If you are in a dysfunctional workplace with bad personal relationships and no clear purpose, a core piece of you will begin to degrade. If you are not earning enough money so you can feel respected, and live without desperate stress, you will begin to lose confidence and élan. And that is what's happening today. The labor force participation rate is at its lowest in decades. Millions are in part-time or low-wage jobs that don't come close to fulfilling their capacities. Millions more are in dysfunctional or unhealthy workplaces, but they don't feel they can leave because they don't think there are other jobs out there that pay the same amount.
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Want to Ace That Test? Get the Right Kind of Sleep - NYTimes.com - 0 views

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Are Women Better Decision Makers? - NYTimes.com - 1 views

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    " Across a variety of gambles, the findings were the same: Men took more risks when they were stressed. They became more focused on big wins, even when they were costly and less likely. Levels of the stress hormone cortisol appear to be a major factor, according to Ruud van den Bos, a neurobiologist at Radboud University in the Netherlands. He and his colleagues have found that the tendency to take more risks when under pressure is stronger in men who experience a larger spike in cortisol. But in women he found that a slight increase in cortisol seemed actually to improve decision-making performance."
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