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Articles Posted in Thinking

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Cross-sectional analysis and invoices from law firms

The Harvard Bus. Rev., Sept. 2011 at 75, discusses a way to deal with complexity through what the authors call triangulation – “using different methodologies, making different assumptions, collecting different data, or looking at the same data different ways.” To understand a complex situation it helps to triangulate from multiple…

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Instrumental knowledge about management practices would satisfy many general counsel

For many managers, if a way of working gets the job done, who cares why? It makes no difference to them what the cause is, underlying explanations for the reliable outcome, the reasons behind decisions, tools, and management that brings the outcome about. This view is known as instrumentalism, and…

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“Loads” and a designer’s way of thinking about information processing and complexity

How easily people process what they perceive has a term in human factors research: load. There is “cognitive load,” meaning that when a dashboard, for example, takes a lot of thinking or remembering to make sense, it has high load. “Visual load” refers to what Prof. Edward Tufte would call…

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Another foray into the definition of legal complexity – three features

From an article in the Harvard Bus. Rev., Sept. 2011 at 70, comes a three-part definition of complexity. “The first, multiplicity, refers to the number of potentially interacting elements. The second, interdependence, relates to how connected those elements are. The third, diversity, has to do with the degree of their…

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The way we learn about law department operations: a succession of explanations conjectured, tested, and improved

“Scientific explanations are theories, assertions about what is out there and how it behaves.” Thus does David Deutsch, in The Beginning of Infinity: Explanations that Transform the World (Viking 2011) at 3, introduce the key concept of his magisterial book. Explanations come about because people conjecture them regarding objective reality.…

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Social-choice theory, Arrow’s impossibility theorem, and group decision-making

A branch of game theory known as social-choice theory studies institutions and methods of collective decision-making. Voting in elections, for example. Social-choice theory deepened enormously from the 1950’s on after Kenneth Arrow laid down five elementary axioms that any rule defining the preferences of a group should satisfy. To widespread…