Eben believes that some students tend to misconstrue his statements – some take his normative statements and turn them into descriptive statements. Function is different than description.

We need to listen better – good listening is good lawyering.

How should we define and acknowledge altruism?

What does a lawyer have to commit to when taking a position – think about this.

Eben describes abortion, sodomy cases with regards to the distinction between function and description.

Discussion of motives behind and reasons for granting certiorari – tension between constitutional issues and underlying claims.

Point about dichotomous thinking: Criticizing and building up don’t have to be mutually exclusive: if the person being criticized takes it as an opportunity to learn, then “building up” should occur. The choice of which interpretation of a given act is adopted is in the control of the listener. [Barb took the liberty of extending Eben’s point a little.]

Larger people are not for hiding behind; larger people are for learning from. If you don’t know how to take risk, why should anyone take risk on you?

Holmes: Satisfying the appetite of getting what you want has to have meaning.

What is practical? What is common sense? It is bound to culture and cultural meanings. How are “practical” and “theoretical” distinguished.

-- BarbPitman - 24 Jan 2008