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Articles Posted in Thinking

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An important learning tip – plunge in for a second or third time even if though it may feel unproductive

The NY Times reports on April 19, 2011, at D6 an oddity about learning. “[I]f you study something twice, in spaced sessions, it’s harder to process the material the second time, and people think it’s counterproductive.” So, to explain further, if you have pored over a decision or a debenture,…

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Epistemology and what we “know” about past practices in legal department management

The epistemology of the 19th century assumed that “facts” about the past were “out there” and that historians’ primary task was to collect and state them. Assiduous fact-gathering, they asserted, would bring us to know the truth about the past “as it really was.” In the 20th century this notion…

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The ideal of “philosophical management” for general counsel

Hugh Trevor-Roper’s book, History and the Enlightenment (Yale Univ. 2010) collects essays by the distinguished British historian. Trevor-Roper saw in the Enlightenment historians a seminal perspective, which is broadly called “philosophical history.” It rejects the mere accumulation of detail and fact; it rejects primary reliance on splendid examples of heroes…

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Reactionary-conservative-middle of the road-liberal-radical: political labels to describe views on outside counsel management

Beliefs of general counsel regarding how best to relate to outside law firms vary enormously. Those ideologies, I submit somewhat puckishly, could be characterized with the well-known spectrum of political ideologies. Let me sketch my sense of the matchups. Reactionary general counsel favor turning back to days of yore when…