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International Law

: Misleading Advertising Law

Gerry Spence on Faking It.

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Associate Justice Samuel Alito, new, circa 2007

Image via Wikipedia

Gerry Spence the noted American Trial Lawyer has started writing a blog.

Although he is writing about  a lawyer gaining and keeping credibility in Jury trials, he makes a terrific observation about fraud.

"Our worst enemy is our own species.  

We have the ability to lie to and cheat our own and to thereby seriously injure or destroy each other.  

But we are also equipped with what I call "psychic feelers" that tell us when someone is attempting to deceive us.  

We can be hoodwinked for a day or two."

As I have said repeatedly, victims of con criminals knew in their gut that something was wrong.  But they failed, somehow, to be aware of that warning.

And what is Gerry Spence's explanation.  This is good.

"[R]emember, we can think our way to any decision.  The reasoning of the U.S. Supreme Court is a good example.  

The court's numerous five to four decisions tells us that about half the court have thought themselves into the wrong decision and do so continuously.  

We can think ourselves into oblivion."

Hmm, if half of the smartest legal thinkers can think themselves into the wrong decision continuously, how likely are you and I to bat even .300?

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Full post as published by Misleading Advertising Law on August 15, 2008 (boomark / email).

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