- e.2008

From CyberOne Wiki

Jump to: navigation, search

[1]

POKER TEACHES strategic thinking in work and play, life and law

initial offerings by professors nesson and lederer

with Andrew Woods and Kevin Wallen, Annie Duke, Brandon Adams, Ken Stalter

participation invited by pst societies around the world (formed or in formation)

accompanied by bilateral pst discussion and play ( e.g., cambridge v. cambridge)

culminating in face to face invitational tournament and conference

we study poker as history, game theory, entertainment, education and law

we read great books, watch great films, and play great poker

Ours is an adventure in teaching and learning in cyberspace. Join us.

what's a WIKI

thanks to my daughter rebecca for her inspiration and guidance in all dimensions of this enterprise. thanks to my daughter leila believing in my aspiration. thanks to fern, my partner in all things, for being my e.

1 e
2 where are you along the path of learning
3 Terms on which WE Start: Original Position: Liberty
4 Protection of Liberty Built into Process and Privilege
5 GUILT Beyond Reasonable Doubt
6 Client's Truth
7 Masks
8 Poker Teaches

e

e = evidence

evidence is object in context from which another draws meaning - that's u.

i&i - that's me

i am here to teach you how to make and understand evidence, how to testify, how to judge. i am here to think with you about how we make and understand meaning.

our fields of play include fundamental concepts of number and dimension, poker, the American Jury Trial and the explosively expanding net

where are you along the path of learning

moebius transformation: the riemann sphere on the complex plane with u as insight point

Plato's Allegory of the Cave

Flatland, Edwin Abbott (to loosen your ability to see in different dimension - what seems complicated in one dimension may be simple when seen from another)

buy a journal book, find a pen you like to write with, keep a journal for this course, or if you choose, keep a digital journal

in your journal - what is your passion, what is the question driving your life

We will follow the story of jury trial from magna carta to the present, as played out in the rules of evidence, in the roles of the players, and in how the roles are played.

We will tell the story of poker along the way.

each day in your journal your distillation of what you have learned

Evidence the way i learned it

Terms on which WE Start: Original Position: Liberty

EVIDENCE: The Law of Trial By Jury

Conceptualizing the "original position"

Imagine a land of heroes and heroines each one of whom has liberty and a personal sense of responsibility. Call this group WE THE PEOPLE. Count yourself among us. How do WE the PEOPLE not lose our Liberty yet still claim the benefits of GOVERNMENT?

Imagine yourself speaking to this challenge in the voice of a founder about to make a government by which WE will seek to govern ourselves, knowing as we do that a government will promulgate, interpret and enforce rules that will threaten to stifle our liberty.

Fried, Liberty: The Very Idea

Magna Carta

Trial By Jury

form groups

My Cousin Vinny: Charged

Protection of Liberty Built into Process and Privilege

Process of Law

Breyer, Active Liberty pp. 15-34

Scalia, A Matter of Interpretation pp. 3-48

"jury" - as Scalia would, start with the word - jury - a noun derived from juris - law

The American Jury: Bulwark of Liberty

the problem of pockets of resistance to the common good

peers of the viscinage, peers of the district

trial by jury in the Massachusetts Declaration of Rights

trial by jury in the Constitution of the United States of America

racism in the Constitution of the United States of America

trial by jury in the early courts of the Massachusetts and the Nation

Akil Amar, The Bill of Rights and our Posterity

Chief Justice John Jay's Instruction to the Jury in Georgia v. Brailsford

Nullification of the Jury's Role as Check to Legislative and Executive Power

Trial by Jury Constrained by Judges: The Jury's role with respect to Law, Fact and Justice

Racism and Slave-Holding Capital: Robert Morris, Lemuel Shaw and Fugitive Slaves

Emmett Till

Swain v. Alabama

White v. Crook

Corporate Fear of Civil Juries in the Rise of Negligence and Unions

Privileges of Citizens and Their Lawyers

the privilege of privacy

the responsibility of lawyers

It was not at the time of our founding but has become a law of evidence that lawyers may not argue the injustice of a law to an American jury nor inform jurors of their power to acquit notwithstanding their conclusion that the defendant has violated the letter of the law as given them by the judge. Judges prevent lawyers from doing so by holding them in contempt of court. This threat to their physical liberty constrains the freedom of lawyers to speak on behalf of the client to the jury.

assume the role of advocate for a client asserting a liberty interest which is fundamental to him. What are the constraints upon me in carrying out my role?

ethics, my personal code, my inner sense of constraint on how i can act and be true to myself

contempt of court, the judge's weapons for enforcement against a lawyer who acts against the judge's order

what are the contemnor's rights when held in contempt by a judge?

My Cousin Vinny: Lawyer Meets Client

GUILT Beyond Reasonable Doubt

The Ambiguity of Truth

necker cube

riddle of three hats

the inference of self and perception of the perception of self by other

Daniel Gilbert, He Who Cast the First Stone Probably Didn’t

truth as correspondence asserted from coherence

the blue bus

Nesson, "The Evidence or the Event? On Judicial Proof and the Acceptability of Verdicts"

My Cousin Vinny: The Arraignment

Client's Truth

Meet my Clients:three live cases to think through. In each case consider what evidence and argument to offer in support of the claim or defense. Consider the time, place, form and manner in which to make the offer.