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Javier E

How To Look Smart, Ctd - The Daily Dish | By Andrew Sullivan - 0 views

  • The Atlantic Home todaysDate();Tuesday, February 8, 2011Tuesday, February 8, 2011 Go Follow the Atlantic » Politics Presented by When Ronald Reagan Endorsed Ron Paul Joshua Green Epitaph for the DLC Marc Ambinder A Hard Time Raising Concerns About Egypt Chris Good Business Presented by Could a Hybrid Mortgage System Work? Daniel Indiviglio Fighting Bias in Academia Megan McArdle The Tech Revolution For Seniors Derek Thompson Culture Presented By 'Tiger Mother' Creates a New World Order James Fallows Justin Bieber: Daydream Believer James Parker <!-- /li
  • these questions tend to overlook the way IQ tests are designed. As a neuropsychologist who has administered hundreds of these measures, I can tell you that their structures reflect a deeply embedded bias toward intelligence as a function of reading skills
Javier E

John Roberts, the Umpire in Chief - The New York Times - 0 views

  • The Roberts-Scalia debate is part of a longstanding argument about how judges should interpret laws passed by Congress.
  • the chief justice embraces an approach called “purposivism,” while Justice Scalia prefers “textualism.”
  • In Judge Katzmann’s account, purposivism has been the approach favored for most of American history by conservative and liberal judges, senators, and representatives, as well as administrative agencies. Purposivism holds that judges shouldn’t confine themselves to the words of a law but should try to discern Congress’s broader purposes.
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  • In the 1980s, when he was a lower court judge, Justice Scalia began to champion a competing view of statutory interpretation, textualism, which holds that judges should confine themselves to interpreting the words that Congress chose without trying to discern Congress’s broader purposes.
  • Textualism, in this view, promises to constrain judicial activism by preventing judges from roving through legislative history in search of evidence that supports their own policy preferences. But in the view of its critics, like Chief Judge Katzmann, textualism “increases the probability that a judge will construe a law in a manner that the legislators did not intend.”
  • Judge Katzmann, who was appointed by President Bill Clinton, also accuses Justice Scalia of inconsistency for consulting the intent of the framers in the case of constitutional interpretation but not statutory interpretation.
  • The chief justice’s embrace of bipartisan judicial restraint in the second Affordable Care Act case was consistent with his embrace of the same philosophy in the first Affordable Care Act case in 2012, where he quoted one of his heroes, Justice Oliver Wendell Holmes Jr: “The rule is settled that as between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the Act.”
  • Chief Justice Roberts was not, as Justice Scalia charged, rewriting the law. Instead he was advancing the view that he championed soon after his confirmation: In a polarized age, it is important for the Supreme Court to maintain its institutional legitimacy by deferring to the political branches.
  • Chief Justice Roberts’s relatively consistent embrace of judicial deference to democratic decisions supports his statement during his confirmation hearings that judges should be like umpires calling “balls and strikes.” As he put it then: “Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ballgame to see the umpire.”
Javier E

The New York Times > Magazine > In the Magazine: Faith, Certainty and the Presidency of... - 0 views

  • The Delaware senator was, in fact, hearing what Bush's top deputies -- from cabinet members like Paul O'Neill, Christine Todd Whitman and Colin Powell to generals fighting in Iraq -- have been told for years when they requested explanations for many of the president's decisions, policies that often seemed to collide with accepted facts. The president would say that he relied on his ''gut'' or his ''instinct'' to guide the ship of state, and then he ''prayed over it.''
  • What underlies Bush's certainty? And can it be assessed in the temporal realm of informed consent?
  • Top officials, from cabinet members on down, were often told when they would speak in Bush's presence, for how long and on what topic. The president would listen without betraying any reaction. Sometimes there would be cross-discussions -- Powell and Rumsfeld, for instance, briefly parrying on an issue -- but the president would rarely prod anyone with direct, informed questions.
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  • This is one key feature of the faith-based presidency: open dialogue, based on facts, is not seen as something of inherent value. It may, in fact, create doubt, which undercuts faith. It could result in a loss of confidence in the decision-maker and, just as important, by the decision-maker.
  • has spent a lot of time trying to size up the president. ''Most successful people are good at identifying, very early, their strengths and weaknesses, at knowing themselves,'' he told me not long ago. ''For most of us average Joes, that meant we've relied on strengths but had to work on our weakness -- to lift them to adequacy -- otherwise they might bring us down. I don't think the president really had to do that, because he always had someone there -- his family or friends -- to bail him out. I don't think, on balance, that has served him well for the moment he's in now as president. He never seems to have worked on his weaknesses.''
  • Details vary, but here's the gist of what I understand took place. George W., drunk at a party, crudely insulted a friend of his mother's. George senior and Barbara blew up. Words were exchanged along the lines of something having to be done. George senior, then the vice president, dialed up his friend, Billy Graham, who came to the compound and spent several days with George W. in probing exchanges and walks on the beach. George W. was soon born again. He stopped drinking, attended Bible study and wrestled with issues of fervent faith. A man who was lost was saved.
  • Rubenstein described that time to a convention of pension managers in Los Angeles last year, recalling that Malek approached him and said: ''There is a guy who would like to be on the board. He's kind of down on his luck a bit. Needs a job. . . . Needs some board positions.'' Though Rubenstein didn't think George W. Bush, then in his mid-40's, ''added much value,'' he put him on the Caterair board. ''Came to all the meetings,'' Rubenstein told the conventioneers. ''Told a lot of jokes. Not that many clean ones. And after a while I kind of said to him, after about three years: 'You know, I'm not sure this is really for you. Maybe you should do something else. Because I don't think you're adding that much value to the board. You don't know that much about the company.' He said: 'Well, I think I'm getting out of this business anyway. And I don't really like it that much. So I'm probably going to resign from the board.' And I said thanks. Didn't think I'd ever see him again.''
  • challenges -- from either Powell or his opposite number as the top official in domestic policy, Paul O'Neill -- were trials that Bush had less and less patience for as the months passed. He made that clear to his top lieutenants. Gradually, Bush lost what Richard Perle, who would later head a largely private-sector group under Bush called the Defense Policy Board Advisory Committee, had described as his open posture during foreign-policy tutorials prior to the 2000 campaign. (''He had the confidence to ask questions that revealed he didn't know very much,'' Perle said.) By midyear 2001, a stand-and-deliver rhythm was established. Meetings, large and small, started to take on a scripted quality.
  • That a deep Christian faith illuminated the personal journey of George W. Bush is common knowledge. But faith has also shaped his presidency in profound, nonreligious ways. The president has demanded unquestioning faith from his followers, his staff, his senior aides and his kindred in the Republican Party. Once he makes a decision -- often swiftly, based on a creed or moral position -- he expects complete faith in its rightness.
  • A cluster of particularly vivid qualities was shaping George W. Bush's White House through the summer of 2001: a disdain for contemplation or deliberation, an embrace of decisiveness, a retreat from empiricism, a sometimes bullying impatience with doubters and even friendly questioners.
  • By summer's end that first year, Vice President Dick Cheney had stopped talking in meetings he attended with Bush. They would talk privately, or at their weekly lunch. The president was spending a lot of time outside the White House, often at the ranch, in the presence of only the most trustworthy confidants.
  • ''When I was first with Bush in Austin, what I saw was a self-help Methodist, very open, seeking,'' Wallis says now. ''What I started to see at this point was the man that would emerge over the next year -- a messianic American Calvinist. He doesn't want to hear from anyone who doubts him.''
  • , I had a meeting with a senior adviser to Bush. He expressed the White House's displeasure, and then he told me something that at the time I didn't fully comprehend -- but which I now believe gets to the very heart of the Bush presidency.
  • The aide said that guys like me were ''in what we call the reality-based community,'' which he defined as people who ''believe that solutions emerge from your judicious study of discernible reality.'' I nodded and murmured something about enlightenment principles and empiricism. He cut me off. ''That's not the way the world really works anymore,'' he continued. ''We're an empire now, and when we act, we create our own reality. And while you're studying that reality -- judiciously, as you will -- we'll act again, creating other new realities, which you can study too, and that's how things will sort out. We're history's actors . . . and you, all of you, will be left to just study what we do.''
  • ''If you operate in a certain way -- by saying this is how I want to justify what I've already decided to do, and I don't care how you pull it off -- you guarantee that you'll get faulty, one-sided information,'' Paul O'Neill, who was asked to resign his post of treasury secretary in December 2002, said when we had dinner a few weeks ago. ''You don't have to issue an edict, or twist arms, or be overt.''
  • George W. Bush and his team have constructed a high-performance electoral engine. The soul of this new machine is the support of millions of likely voters, who judge his worth based on intangibles -- character, certainty, fortitude and godliness -- rather than on what he says or does.
Javier E

Opinion | Bias Is a Big Problem. But So Is 'Noise.' - The New York Times - 1 views

  • The word “bias” commonly appears in conversations about mistaken judgments and unfortunate decisions. We use it when there is discrimination, for instance against women or in favor of Ivy League graduates
  • the meaning of the word is broader: A bias is any predictable error that inclines your judgment in a particular direction. For instance, we speak of bias when forecasts of sales are consistently optimistic or investment decisions overly cautious.
  • Society has devoted a lot of attention to the problem of bias — and rightly so
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  • when it comes to mistaken judgments and unfortunate decisions, there is another type of error that attracts far less attention: noise.
  • To see the difference between bias and noise, consider your bathroom scale. If on average the readings it gives are too high (or too low), the scale is biased
  • It is hard to escape the conclusion that sentencing is in part a lottery, because the punishment can vary by many years depending on which judge is assigned to the case and on the judge’s state of mind on that day. The judicial system is unacceptably noisy.
  • While bias is the average of errors, noise is their variability.
  • Although it is often ignored, noise is a large source of malfunction in society.
  • The average difference between the sentences that two randomly chosen judges gave for the same crime was more than 3.5 years. Considering that the mean sentence was seven years, that was a disconcerting amount of noise.
  • If it shows different readings when you step on it several times in quick succession, the scale is noisy.
  • How much of a difference would you expect to find between the premium values that two competent underwriters assigned to the same risk?
  • Executives in the insurance company said they expected about a 10 percent difference.
  • But the typical difference we found between two underwriters was an astonishing 55 percent of their average premium — more than five times as large as the executives had expected.
  • Many other studies demonstrate noise in professional judgments. Radiologists disagree on their readings of images and cardiologists on their surgery decisions
  • Wherever there is judgment, there is noise — and more of it than you think.
  • Noise causes error, as does bias, but the two kinds of error are separate and independent.
  • A company’s hiring decisions could be unbiased overall if some of its recruiters favor men and others favor women. However, its hiring decisions would be noisy, and the company would make many bad choices
  • Where does noise come from?
  • There is much evidence that irrelevant circumstances can affect judgments.
  • for instance, a judge’s mood, fatigue and even the weather can all have modest but detectable effects on judicial decisions.
  • people can have different general tendencies. Judges often vary in the severity of the sentences they mete out: There are “hanging” judges and lenient ones.
  • People can have not only different general tendencies (say, whether they are harsh or lenient) but also different patterns of assessment (say, which types of cases they believe merit being harsh or lenient about).
  • Underwriters differ in their views of what is risky, and doctors in their views of which ailments require treatment.
  • Once you become aware of noise, you can look for ways to reduce it.
  • independent judgments from a number of people can be averaged (a frequent practice in forecasting)
  • Guidelines, such as those often used in medicine, can help professionals reach better and more uniform decisions
  • imposing structure and discipline in interviews and other forms of assessment tends to improve judgments of job candidates.
  • No noise-reduction techniques will be deployed, however, if we do not first recognize the existence of noise.
  • Organizations and institutions, public and private, will make better decisions if they take noise seriously.
Javier E

A 5-Step Technique for Producing Ideas circa 1939 | Brain Pickings - 0 views

  • In learning any art the important things to learn are, first, Principles, and second, Method. This is true of the art of producing ideas. Particular bits of knowledge are nothing, because they are made up [of] so called rapidly aging facts. Principles and method are everything.
  • So with the art of producing ideas. What is most valuable to know is not where to look for a particular idea, but how to train the mind in the method by which all ideas are produced and how to grasp the principles which are at the source of all ideas.
  • Every really good creative person…whom I have ever known has always had two noticeable characteristics. First, there was no subject under the sun in which he could not easily get interested — from, say, Egyptian burial customs to modern art. Every facet of life had fascination for him. Second, he was an extensive browser in all sorts of fields of information.
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  • What you do is to take the different bits of material which you have gathered and feel them all over, as it were, with the tentacles of the mind. You take one fact, turn it this way and that, look at it in different lights, and feel for the meaning of it. You bring two facts together and see how they fit. What you are seeking now is the relationship, a synthesis where everything will come together in a neat combination, like a jig-saw puzzle.
  • Then and only then, Young promises, everything will click in the fourth stage of the seemingly serendipitous a-ha! moment: Out of nowhere the Idea will appear. It will come to you when you are least expecting it
  • In his third stage of the creative process, Young stresses the importance of making absolutely “no effort of a direct nature”: It is important to realize that this is just as definite and just as necessary a stage in the process as the two preceding ones. What you have to do at this time, apparently, is to turn the problem over to your unconscious mind and let it work while you sleep.
  • [W]hen you reach this third stage in the production of an idea, drop the problem completely and turn to whatever stimulates your imagination and emotions. Listen to music, go to the theater or movies, read poetry or a detective story.
  • articulates the increasing importance of quality information filters in our modern information diet. This notion of gathering raw material is the first step in his outline of the creative process:
  • Young calls the last stage “the cold, gray dawn of the morning after,” when your newborn idea has to face reality: It requires a deal of patient working over to make most ideas fit the exact conditions, or the practical exigencies, under which they must work. And here is where many good ideas are lost. The idea man, like the inventor, is often not patient enough or practical enough to go through with this adapting part of the process. But it has to be done if you are to put ideas to work in a work-a-day world. Do not make the mistake of holding your idea close to your chest at this stage. Submit it to the criticism of the judicious. When you do, a surprising thing will happen. You will find that a good idea has, as it were, self-expanding qualities. It stimulates those who see it to add to it. Thus possibilities in it which you have overlooked will come to light.
  • what’s perhaps most interesting is the following note he made to the postscript of a reprint: From my own further experience in advertising, government, and public affairs I find no essential points which I would modify in the idea-producing process. There is one, however, on which I would put greater emphasis. This is as to the store of general materials in the idea-producer’s reservoir. […] I am convinced, however, that you gather this vicarious experience best, not when you are boning up on it for an immediate purpose, but when you are pursuing it as an end in itself.
Javier E

The Real Loser - Truth - NYTimes.com - 1 views

  • Candidates accordingly believed that being caught in an outright lie could damage their careers. (As Daniel Patrick Moynihan reportedly said,&nbsp;“Everyone is entitled to his own opinion, but not his own facts.”) They tended only to bend the truth, not break it.
  • At least four factors since the 1970s have lowered the cost for politicians who lie and, more important, repeat their fabrications through their attack ads. First is the overall decline in respect for institutions and professionals of all kinds, from scientists and lawyers to journalists and civil servants.
  • Second are changes in media regulation and ownership
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  • For decades, radio and television broadcasters had been required to present multiple viewpoints on contentious public debates on the grounds that they were stewards of the public airwaves. But in 1987, members appointed by President Ronald Reagan to the Federal Communications Commission abolished this “fairness doctrine.” The change facilitated the creation of conservative talk radio and cable outlets to combat perceived liberal bias. Liberals followed suit with programming (albeit less effective) of their own.
  • a third trend developed as political operatives realized they had more room to stretch the truth. In 2004, an aide to President George W. Bush dismissed a journalist for being part of a “reality-based community” of people who “believe that solutions emerge from your judicious study of discernible reality.”&nbsp;
  • A fourth factor: most news organizations (with notable exceptions) abandoned their roles as political referees. Many resorted to an atrophied style that resembled stenography more than journalism, presenting all claims as equally valid. Fact checking, once a foundation for all reporting, was now deemed the province of a specialized few.
  • PolitiFact has chronicled 19 “pants on fire” lies by Mr. Romney and 7 by Mr. Obama since 2007, but Mr. Romney’s whoppers have been qualitatively far worse: the “apology tour,” the “government takeover of health care,” the “$4,000 tax hike on middle class families,” the gutting of welfare-to-work rules, the shipment by Chrysler of jobs from Ohio to China. Said one of his pollsters, Neil Newhouse, “We’re not going to let our campaign be dictated by fact checkers.”
  • the Obama campaign has certainly had its own share of dissembling and distortion, including about Mr. Romney’s positions on abortion and foreign aid. But nothing in it — or in past campaigns, for that matter — has equaled the efforts of the Romney campaign in this realm. Its fundamental disdain for facts is something wholly new.
proudsa

Hillary Clinton Says A Republican President Would 'Break' The Supreme Court - 0 views

  • "The stakes are clear," Clinton wrote of the slate of cases now pending before the court. "In a single term, conservative justices could undermine virtually every pillar of the progressive movement."
    • proudsa
       
      How one small group can undermine an entire larger one
  • "Those who care about the fairness of elections, the future of unions, racial disparities in universities, the rights of women, or the future of our planet, should care about who appoints the next justices," Clinton wrote.
  • The current demographics of the Supreme Court are what make the coming election such a relevant issue.
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  • In debates and on the trail, various GOP candidates have spent time discussing the merits and demerits of specific justices.&nbsp;
  • He has vowed to pick "rock-ribbed conservatives" to the court, and has also said that Chief Justice John Roberts -- whom Cruz himself once supported --&nbsp;is actually a bad choice to lead the court&nbsp;because he lacks a "true conservative record."
  • Clinton's op-ed is also notable in that she argues how Republicans see this election as their chance to "pack the courts with jurists who will turn back the clock" on progress -- apparently an acknowledgement that some of the more controversial cases to go before the justices got their start in lower courts that were willing to hear them.&nbsp; &nbsp;
  • "After years of accusing liberals of judicial activism, conservatives are wholeheartedly relying on Republican-appointed judges to undo progressive achievements," Clinton wrote. "They’re using radical legal strategies to accomplish through the courts what they’ve failed to do through legislation, like dismembering the Voting Rights Act or attacking unions."
  • they're voting for many things at once.
Javier E

Missing Links: Access to Papers' Raw Data Plummets by 17% Each Year - Megan Garber - Th... - 0 views

  • While&nbsp;data for almost all of the studies published as recently as 2011 were still accessible, the chances of them remaining accessible fell by a whopping 17 percent each year. Each year. For research from the not-that-distant early 1990s, data availability dropped to as little as 20 percent.
  • A recent study of Supreme Court decisions—the rhetorical documents of the highest judicial body in the land—found that&nbsp;49 percent of the web links cited&nbsp;within those decisions are now dead.
Javier E

Disruptions: Internet's Sad Legacy: No More Secrets - NYTimes.com - 0 views

  • many services that claim to offer that rarest of digital commodities — privacy — don’t really deliver. Read the fine print.
  • Snapchat’s privacy page explains that private images are stored on someone’s phone — and on its own servers. “Forensically, even after they are deleted,” Snapchat says, those images can be retrieved. Whisper’s privacy page says the company owns the intellectual property, both images and text, that people post; Whisper reserves the right to sell that stuff to third parties. And Telegram, while seemingly less innocuous with its claims, nonetheless leaves out something you might want to know: someone can just take a screenshot or picture of that “private” conversation.
  • Don’t have a smartphone yet? They still know where you are and where you’ve been. The American Civil Liberties Union released a report this year that found that technologies that let governments scan license plates are being used to build databases of vehicle locations across the United States.
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  • A new book by Harvey Silverglate, a lawyer in Massachusetts, titled “Three Felonies a Day,” claims the average professional in the United States commits at least three crimes every day. How? While academics, lawyers and even government officials don’t actually know how many laws exist in today’s judicial system, it’s estimated that there are from 10,000 to 300,000 federal regulations that could be enforced criminally.
Javier E

Revelations That Ikea Spied on Its Employees Stir Outrage in France - NYTimes.com - 0 views

  • kea’s investigations were conducted for various reasons, including the vetting of job applicants, efforts to build cases against employees accused of wrongdoing, and even attempts to undermine the arguments of consumers bringing complaints against the company. The going rate charged by the private investigators was 80 to 180 euros, or $110 to $247, per inquiry, court documents show. Between 2002 and 2012, the finance department of Ikea France approved more than €475,000 in invoices from investigators.
  • the spying cases occurred in a country that, in the digital age, has elevated privacy to a level nearly equal to the national trinity of Liberté, Égalité and Fraternité.
  • Last month, the company’s current chief, Stefan Vanoverbeke, and financial director, Dariusz Rychert, were questioned along with Mr. Baillot for 48 hours by the judicial police before being placed under formal investigation. That set in motion a process in which the next step, if it comes, would be the filing of criminal charges.
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  • Very little of the surveillance yielded information Ikea was able to use against the targets of the data sweeps. But court documents indicate that investigators suspect that Ikea may have occasionally used knowledge of personal information to quell workplace grievances or to prompt a resignation.
  • In transcripts of police interviews, Mr. Paris and his colleagues in the risk management department acknowledged receiving frequent requests from Ikea store managers across France for criminal background checks, driving records and vehicle registrations — though only a fraction of those inquiries uncovered a notable offense. Usually the requests were limited to one or two people after a theft or a complaint of harassment among employees. But sometimes lists containing dozens of names of employees or job applicants were submitted for vetting, and then forwarded to one of a handful of trusted private investigators for processing.
johnsonma23

Gay Marriage Arguments Divide Supreme Court Justices - NYTimes.com - 0 views

  • The questions from the justices suggested that they were divided along the usual lines — conservative and liberal —
  • That, coupled with his earlier judicial opinions, gave gay rights advocates reason for optimism by the end of the arguments, which lasted two and a half hours.
  • Justice Kennedy said he was concerned about changing a conception of marriage that has persisted for so many years
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  • qualms about excluding gay families from what he called a noble and sacred institution.
  • same-sex marriage might require some members of the clergy to perform ceremonies that violate their religious teaching.
carolinewren

How Media Bias Is Killing Black America - The Root - 0 views

  • leads to both the erasure and criminalization of marginalized communities, has had dire consequences for both the psyches and lived experiences of black people in the United States since at least the 18th century,
  • “This is the press, an irresponsible press,” he said. “It will make the criminal look like he’s the victim and make the victim look like he’s the criminal. If you aren’t careful, the newspapers will have you hating the people who are being oppressed and loving the people who are doing the oppressing.”
  • Many studies have tackled implicit racial bias in law enforcement, health care and the&nbsp;legal field. In recent years, the phrase has become a buzzword used to broadly frame bigotry and racism as something so entrenched that some people aren’t aware that they subconsciously harbor racist feelings, associating black skin with negative behavior
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  • their “conditioning has been conditioned,” and marginalized groups are often left to pick up the pieces in the wake of brutality and/or neglect by those in positions of power, trust and influence.
  • tackles&nbsp;media bias&nbsp;(pdf) and how it indiscriminately pathologizes communities of color for mass consumption.
  • “Implicit bias impacts the way black communities are treated across practically all sectors of life in America, from courtrooms to doctors’ offices,
  • “The media is no different, whether it be the use of pejorative terms like ‘thug’ and ‘animal’ to describe protesters in Ferguson and Baltimore, or the widespread overreporting of crime stories involving black suspects in New York City.”
  • Media bias not only negatively impacts black America’s relationship with law enforcement and the judicial system&nbsp;(pdf) but also extends to how African Americans are perceived in society at large.
  • “Television newsrooms are nearly 80 percent white, according to the Radio and Television News Directors Association, while radio newsrooms are 92 percent white,”
  • “The percentage of&nbsp;minority journalists&nbsp;has&nbsp;remained between 12 and 14 percent for more than a decade.”
  • This lays the groundwork for an intrinsically racist media structure that, according to The Atlantic’s Riva Gold, means “news organizations are losing their ability to empower, represent, and—especially in cases where language ability is crucial—even to report on minority populations in their communities.”
Javier E

Dewey, Cheatem & Howe - The New York Times - 0 views

  • There are, it turns out, people in the corporate world who will do whatever it takes, including fraud that kills people, in order to make a buck. And we need effective regulation to police that kind of bad behavior, not least so that ethical businesspeople aren’t at a disadvantage when competing with less scrupulous types.
  • Well, we used to know it, thanks to the muckrakers and reformers of the Progressive Era. But Ronald Reagan insisted that government is always the problem, never the solution, and this has become dogma on the right.
  • an important part of America’s political class has declared war on even the most obviously necessary regulations. Too many important players now argue, in effect, that business can do no wrong and that government has no role to play in limiting misbehavior.
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  • the regulatory rebound is taking place for a reason. Maybe we had too much regulation in the 1970s, but we’ve now spent 35 years trusting business to do the right thing with minimal oversight — and it hasn’t worked.
  • So what has been happening lately is an attempt to redress that imbalance, to replace knee-jerk opposition to regulation with the judicious use of regulation where there is good reason to believe that businesses might act in destructive ways. Will we see this effort continue? Next year’s election will tell.
Javier E

The Threat of Motivated Reasoning In-and To-The Legal System - 1 views

  • It does three things—1) explains what motivated reasoning is; 2) explains how it’s threatening to the legal system (because motivated/biased interpretations of court findings and opinions by opposed groups of citizens threaten the very idea of court neutrality); and 3) takes a look at the Supreme Court’s 2010 term (and one bizarre Scalia dissent in particular) in this context.
  • There is thus an inherent risk that citizens will perceive decisions that threaten their group commitments to be a product of judicial bias. The outcomes might strike them as so patently inconsistent with the facts, or with controlling legal principles, that they are impelled to infer bad faith.
  • Kahan suggests it undermines the justice system if battling groups of advocates (say, the American Constitution Society and the Federalist Society) are constantly blasting court opinions from diametrically opposed perspectives, and using motivated reasoning to do so. At some point, as this continues, you wind up legitimating the claim that really, courts don’t know anything special or have any particular expertise—it’s all just opinion, and biased opinion at that. This precipitates a “neutrality crisis” over whether courts can really judge fairly.
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  • Scalia’s opinion thus makes the neutrality problem even worse—because it suggests it’s all bias, all the way down, even for the most professional of us. Is that true? And how do you preserve neutral courts–or, to switch to another sector, trust in the findings of the scientific community–if that is indeed the case?
grayton downing

Manipulating Mouse Memory | The Scientist Magazine® - 1 views

  • Eyewitness testimony has long been an important part of most judicial systems around the world. However, over the last three decades, psychologists have consistently proven how tenuous the memories truly are, and how easily they can be altered or even manufactured through the power of suggestion.
  • creating such faux memories in the brain, demonstrating that the manipulation of a specific subset of neurons in the mouse hippocampus can cause the animals to falsely remember a fear of a foot schock.
  • same optogenetic technique to essentially transfer a fear memory from one situation to another.
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  • , the rodent displayed a heightened fear response, although no foot shock had ever been given in that location. The mice eventually became conditioned to the false memory, and would freeze in Box A even in the absence of pulsing light.
  • “The brain mechanisms for forming and recalling the false memories are not distinguishable from those underlying genuine memories,” said Tonegawa.
  • hypothesized that a similar mechanism could be behind the formation of false memories in humans and said the findings underscore the problematic nature of eyewitness testimony in court proceedings.
  • “We hope this kind of research will reinforce the need to look at eyewitness testimony carefully,” said Tonegawa, “so that innocent people will not be incriminated.”
  • Tonegawa said he thinks that false memories with positive connotations likely form in the same way—a hypothesis he hopes to test with future experiments. In addition, given that false memories appear robust enough to compete with real memories, Tonegawa said he plans to investigate the factors that affect the relative strengths of the two types of memory.
Javier E

Donald Trump's Hatefulness Stirs Anger, Distorts Culture, Threatens GOP Agenda | Nation... - 0 views

  • Ultimately, culture matters more than politics, and when the leader of the free world inflicts cultural damage this severe, he’s doing far more harm than a few judicial appointments can remedy. Conservatives used to understand this reality. In fact, we once made this argument with great clarity and power.
  • It’s time for conservatives to remember the cultural power of the presidency. It’s time for us to understand that Trump’s persona is — certainly for now — more influential than his policies. Sure, seek lower tax rates and better judges. Sure we praise him when he’s right and critique mistakes. But we must lift our eyes from the strike zone and look at his overall impact. And that means not holding back from speaking the larger, more important truths.
  • Krauthammer was right. Trump’s conduct yesterday was a “moral disgrace.” He exacerbated divisions that have existed since before the nation’s founding. He gave the vicious and vile alt-right it’s most important public victory. If he keeps it up, his “agenda” will be a footnote to history. Hate, division, and rage will be his true legacy, and that legacy will have far greater consequence than any policy he manages to pass.
sandrine_h

To advance science we need to think about the impossible | New Scientist - 0 views

  • Science sets out what we think is true – but when it gets stuck, it’s time to explore what we think isn’t
  • science has always advanced in small steps, paving the way for occasional leaps. But sometimes fact-collecting yields nothing more than a collection of facts; no revelation follows. At such times, we need to step back from the facts we know and imagine alternatives: in other words, to ask “what if?”
  • That was how Albert Einstein broke the bind in which physics found itself in the early 20th century. His conception of a scenario that received wisdom deemed impossible – that light’s speed is always the same, regardless of how you look at it – led to special relativity and demolished what we thought we knew about space and time.
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  • Despite its dependence on hard evidence, science is a creative discipline. That creativity needs nurturing, even in this age of performance targets and impact assessments. Scientist need to flex their imaginations, too.
  • “Let us dare to dream,” the chemist August Kekulé once suggested, “and then perhaps we may learn the truth.”
  • Physics isn’t the only field that might benefit from a judicious dose of what-iffery. Attempts to understand consciousness are also just inching forward
caelengrubb

Why It's Important That We Study History - 1 views

  • 1. History helps us develop a better understanding of the world.
  • You can’t build a framework on which to base your life without understanding how things work in the world. History paints us a detailed picture of how society, technology, and government worked way back when so that we can better understand how it works now.
  • 2. History helps us understand ourselves.
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  • It’s also a valuable tool when it comes to understanding those who are different from us. Global, national, and regional history books help us understand how other cultures affect our own.
  • 3. History helps us learn to understand other people.
  • A large part of that is learning where you fit into the story of your country or the global community in the grand scheme of things. History tells you the story of how your nation, city, or community came to be everything that it is. It tells you where your ancestors came from and tells you who they were.
  • 4. History teaches a working understanding of change.
  • . Each of us has a different experience with the rest of the world – an experience shaped by societal norms, cultural differences, personal experiences, and more. We know when we as individuals crave change and why. History helps us better understand how, when, and why change occurs (or should be sought) on a larger scale.
  • 5. History gives us the tools we need to be decent citizens.
  • Good citizens are always informed citizens, and no one can consider himself to be an informed citizen without a working knowledge of history
  • 6. History makes us better decision makers.
  • History gives us the opportunity to learn from past mistakes. It helps us understand the many reasons why people may behave the way they do.
  • Our judicial system is a perfect example of this concept at work.
  • 7. History helps us develop a new level of appreciation for just about everything. &nbsp;
  • History is more than just the living record of nations, leaders, and wars. It’s also the story of us. It’s packed with tales of how someone stood up for what they believed in, or died for love, or worked hard to make their dreams come true.
Javier E

Why Study History? (1985) | AHA - 0 views

  • Isn't there quite enough to learn about the world today? Why add to the burden by looking at the past
  • Historical knowledge is no more and no less than carefully and critically constructed collective memory. As such it can both make us wiser in our public choices and more richly human in our private lives.
  • Without individual memory, a person literally loses his or her identity, and would not know how to act in encounters with others. Imagine waking up one morning unable to tell total strangers from family and friends!
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  • Collective memory is similar, though its loss does not immediately paralyze everyday private activity. But ignorance of history-that is, absent or defective collective memory-does deprive us of the best available guide for public action, especially in encounters with outsider
  • Often it is enough for experts to know about outsiders, if their advice is listened to. But democratic citizenship and effective participation in the determination of public policy require citizens to share a collective memory, organized into historical knowledge and belief
  • This value of historical knowledge obviously justifies teaching and learning about what happened in recent times, for the way things are descends from the way they were yesterday and the day before that
  • in fact, institutions that govern a great deal of our everyday behavior took shape hundreds or even thousands of years ago
  • Only an acquaintance with the entire human adventure on earth allows us to understand these dimensions of contemporary reality.
  • it follows that study of history is essential for every young person.
  • Collective memory is quite the same. Historians are always at work reinterpreting the past, asking new questions, searching new sources and finding new meanings in old documents in order to bring the perspective of new knowledge and experience to bear on the task of understanding the past.
  • what we know and believe about history is always changing. In other words, our collective, codified memory alters with time just as personal memories do, and for the same reasons.
  • skeptics are likely to conclude that history has no right to take student time from other subjects. If what is taught today is not really true, how can it claim space in a crowded school curriculum?
  • what if the world is more complicated and diverse than words can ever tell? What if human minds are incapable of finding' neat pigeon holes into which everything that happens will fit?
  • What if we have to learn to live with uncertainty and probabilities, and act on the basis of the best guesswork we are capable of?
  • Then, surely, the changing perspectives of historical understanding are the very best introduction we can have to the practical problems of real life. Then, surely, a serious effort to understand the interplay of change and continuity in human affairs is the only adequate introduction human beings can have to the confusing flow of events that constitutes the actual, adult world.
  • Memory is not something fixed and forever. As time passes, remembered personal experiences take on new meanings.
  • Early in this century, teachers and academic administrators pretty well agreed that two sorts of history courses were needed: a survey of the national history of the United States and a survey of European history.
  • Memory, indeed, makes us human. History, our collective memory, carefully codified and critically revised, makes us social, sharing ideas and ideals with others so as to form all sorts of different human groups
  • The varieties of history are enormous; facts and probabilities about the past are far too numerous for anyone to comprehend them all. Every sort of human group has its own histor
  • Where to start? How bring some sort of order to the enormous variety of things known and believed about the past?
  • Systematic sciences are not enough. They discount time, and therefore oversimplify reality, especially human reality.
  • This second course was often broadened into a survey of Western civilization in the 1930s and 1940s
  • But by the 1960s and 1970s these courses were becoming outdated, left behind by the rise of new kinds social and quantitative history, especially the history of women, of Blacks, and of other formerly overlooked groups within the borders of the United States, and of peoples emerging from colonial status in the world beyond our borders.
  • much harder to combine old with new to make an inclusive, judiciously balanced (and far less novel) introductory course for high school or college students.
  • But abandoning the effort to present a meaningful portrait of the entire national and civilizational past destroyed the original justification for requiring students to study history
  • Competing subjects abounded, and no one could or would decide what mattered most and should take precedence. As this happened, studying history became only one among many possible ways of spending time in school.
  • The costs of this change are now becoming apparent, and many concerned persons agree that returning to a more structured curriculum, in which history ought to play a prominent part, is imperative.
  • three levels of generality seem likely to have the greatest importance for ordinary people.
  • First is family, local, neighborhood history
  • Second is national history, because that is where political power is concentrated in our time.
  • Last is global history, because intensified communications make encounters with all the other peoples of the earth increasingly important.
  • Other pasts are certainly worth attention, but are better studied in the context of a prior acquaintance with personal-local, national, and global history. That is because these three levels are the ones that affect most powerfully what all other groups and segments of society actually do.
  • National history that leaves out Blacks and women and other minorities is no longer acceptable; but American history that leaves out the Founding Fathers and the Constitution is not acceptable either. What is needed is a vision of the whole, warts and all.
  • the study of history does not lead to exact prediction of future events. Though it fosters practical wisdom, knowledge of the past does not permit anyone to know exactly what is going to happen
  • Consequently, the lessons of history, though supremely valuable when wisely formulated, become grossly misleading when oversimplifiers try to transfer them mechanically from one age to another, or from one place to another.
  • Predictable fixity is simply not the human way of behaving. Probabilities and possibilities-together with a few complete surprises-are what we live with and must learn to expect.
  • Second, as acquaintance with the past expands, delight in knowing more and more can and often does become an end in itself.
  • On the other hand, studying alien religious beliefs, strange customs, diverse family patterns and vanished social structures shows how differently various human groups have tried to cop
  • Broadening our humanity and extending our sensibilities by recognizing sameness and difference throughout the recorded past is therefore an important reason for studying history, and especially the history of peoples far away and long ago
  • For we can only know ourselves by knowing how we resemble and how we differ from others. Acquaintance with the human past is the only way to such self knowledge.
pier-paolo

Opinion | Your Brain Is Not for Thinking - The New York Times - 0 views

  • This new activity of hunting started an evolutionary arms race. Over millions of years, both predators and prey evolved more complex bodies that could sense and move more effectively to catch or elude other creatures.
  • Eventually, some creatures evolved a command center to run those complex bodies. We call it a brain.
  • Your brain’s most important job isn’t thinking; it’s running the systems of your body to keep you alive and well. According to recent findings in neuroscience, even when your brain does produce conscious thoughts and feelings, they are more in service to the needs of managing your body than you realize.
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  • Much of your brain’s activity happens outside your awareness. In every moment, your brain must figure out your body’s needs for the next moment and execute a plan to fill those needs in advance.
  • The budget for your body tracks resources
  • Each action that spends resources, such as standing up, running, and learning, is like a withdrawal from your account. Actions that replenish your resources, such as eating and sleeping, are like deposits.
  • Every thought you have, every feeling of happiness or anger or awe you experience, every kindness you extend and every insult you bear or sling is part of your brain’s calculations as it anticipates and budgets your metabolic needs.
  • This view of the brain has many implications for understanding human beings. So often, for example, we conceive of ourselves in mental terms, separate from the physical
  • There is no such thing as a purely mental cause, because every mental experience has roots in the physical budgeting of your body
  • When an unpleasant thought pops into your head, like “I can’t take this craziness anymore,” ask yourself body-budgeting questions. “Did I get enough sleep last night? Am I dehydrated? Should I take a walk? Call a friend? Because I could use a deposit or two in my body budget.”
  • I’m suggesting that it’s possible to acknowledge what your brain is actually doing and take some comfort from it. Your brain is not for thinking. Everything that it conjures, from thoughts to emotions to dreams, is in the service of body budgeting. This perspective, adopted judiciously, can be a source of resilience in challenging times.
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