Failure to consider and address valid counter-arguments may leave an essay answer on thin ice, as illustrated by Bruce Wayne in the movie Batman Begins. Below is a video showing Wayne (pre-Batman) being trained in combat by Henri Ducard, who later turns out to be the villain Ra’s al Ghul. Ducard/Ghul reminds Wayne to “always mind your surroundings.”  But Wayne, hoping for a quick and easy win, ignores the fragile ice below his feet, leading to an equally quick and humbling defeat.  At about 1:00 into the video the battle reaches its climax:

Wayne: Yield!
Ducard/Ghul: You haven’t beaten me.  You’ve sacrificed sure footing for a killing stroke.

Anticipating and raising counter-arguments isn’t just law-school stuff: it’s what lawyers do every day.  If lawyers don’t anticipate counter-arguments, they’ll be blind-sided when their adversary — or worse, the judge — raises them.  Thus, a good lawyer has to be his own “best frenemy,” anticipating the arguments against his position.  This will enable the lawyer to take a number of crucial tactics, such as: 1) strengthening arguments to avoid leaving room for counter-attack; 2) rebutting counter-arguments after they are made; 3) preemptively rebutting counter-arguments before they are made; and 4) omitting arguments that turn out to have fatal defects.

Being mindful of one’s surroundings isn’t just limited to the courtroom.  A tennis player must consider the position of her opponent before returning the ball.  A chess player must anticipate his opponent’s range of counter-moves.  And law students — as well as superheroes — must do the same.

Advice part I (life and stress) here.
Advice part II (studying and attitudes) here.
Advice part III (back up your data) here.
Advice part IV (essay exams) here.
Advice part V (conclusory argumentation) here.
Advice part VI (incomplete argumentation) here.

Like many teens learning to play guitar in the 70s, I spent far too many hours torturing my parents and neighbors with the riff from My Sharona (along with, of course, the obligatory Smoke on the Water).

RIP, Doug.

Click here to view the embedded video.

Based on watching the trailer (repeatedly) and reading around the web (see fansite TrekMovie for at-times heated commentary), I think that the pic has great potential of combining great action, character development, and big ideas.  (Think Wrath of Khan.)

Click here to view the embedded video.

For a list of spoofs and parodies of the new Trek trailer (such as Smallville Trek, etc.), go to TrekMovie.

UPDATE (11/27): AICN has posted a new trailer with an appearance by old Spock played by Leonard Nimoy.  I’ve substituted the video for the updated trailer.  (H/T to TrekMovie.com.)  The older trailer can be found here.

Some have objected to the LHC as creating an unnecessary risk of, um, destroying the world, such as by creating a micro black hole that swallows the planet.  Several LHC opponents have filed a federal lawsuit seeking delay of its operation, and the government is seeking dismissal.  Ultimately, it’s somewhat moot, as the LHC makes it official debut on “Red Button Day,” Sept. 10, about a week after the court hears the motion to dismiss.

Although I love physics, my physics knowledge is more of the “wouldn’t warp travel be really cool” variety.  So I don’t know how risky the LHC really is.  However, I can say with more confidence that this rap video explaining the operation of the LHC, apparently done by folks connected to CERN, is pretty entertaining (if you’re a physics geek, that is):

Click here to view the embedded video.

Bonus assignment: check out PBS’ program The Elegant Universe, a three-hour miniseries on the development of physics string theory.

H/T on rap vid: SlashDot

Here’s the episode Court Martial, first airing Feb. 2, 1967. Kirk’s being court-martialed for the death of a member of his crew.  The most damning evidence is a computer video log that seems to conclusively prove Kirk’s guilt.  The prosecutor says she will present the case as “Kirk vs. The Computer.”

Watch CBS Videos Online

Enter Kirk’s lawyer, Samuel T. Cogley, who distrusts computers and surrounds himself with his beloved law books.  Around 13 minutes into the episode, you can see Cogley surrounded by what looks like copies of United States Reports and case reporters from West.  (Hmmm.  I wonder what volume Federal Reporter will be up to by the year 2267.  At a new volume every 14 years or so, West should be up to at least F.22d.)

Ultimately, digital skepticism wins the day.  Mr. Spock, believing Kirk to be innocent, tests the ship’s computer.  After winning a seemingly impossible five chess games in a row against the machine, Spock realizes the computer has been altered.  Cogley then moves to present evidence regarding the ship’s computer.  The prosecution objects.  In response, Cogley argues passionately about the importance of not believing digital records blindly:

Cogley: The most devastating witness against my client is not a Human being. It’s a machine, an information system. The computer log of the Enterprise. I ask this court adjourn and reconvene aboard that vessel.

Prosecutor: I protest, Your honor!

Cogley: And I repeat, I speak of rights! A machine has none. A man must. My client has the right to face his accuser, and if you do not grant him that right, you have brought us down to the level of the machine! Indeed, you have elevated that machine above us! I ask that my motion be granted. And more than that, gentlemen. In the name of Humanity, fading in the shadow of the machine, I demand it.  I DEMAND IT!

Cogley and Kirk prevail.  It turns out that the “dead” man was still alive and was trying to get revenge on Kirk for an earlier incident that destroyed his career.  Even in the 23rd century, computers aren’t always right.

More serious may be the loss of the circulating 35-millimeter theatrical prints.  While not original masters, these are the copies made for screenings at repertory theaters, art museum retrospectives and in college classes. . . .

. . . .

This latest fire, I hope, will prompt Universal and its fellow majors to better preserve not just key titles like “Duck Soup,” “Dracula” or “Vertigo” — which will surely be reprinted and return to circulation — but also the other 90 percent of their inventories, the less famous and therefore more vulnerable titles that the studio may not feel justify spending thousands to save. These are exquisite samples of 20th-century American culture and deserve to always be seen in their extravagant, sensual, big-screen glory.

It sounds like after the fire, some of Universals’ assets no longer exist beyond a single remaining master copy.  That’s troubling for several reasons.  First, should the masters be destroyed, the best (and in some cases, only) copies will be lost.  Second, for cultural use to be made of the materials, new copies must be made.

What does this have to do with law students?  The same thing: the importance of archiving and the dangers of failing to do so.  Every term, students suffer data catastrophes — hard drive crashes, stolen laptops, etc. — leading to lost class notes, outlines, paper drafts, etc.  Law school is stressful enough without the added strain of losing a 100-page outline two days before the final exam. But sadly, it seems to happen every term.

Back up your essential files, do so regularly, and keep them in secure and geographically distinct places, such as multiple computers, external hard drives kept elsewhere, network storage, and/or online storage.  Or do simple and quick backups: periodically email your essential files to yourself.

Advice part I (life and stress) here.
Advice part II (studying and attitudes) here.
Advice part III (back up your data) here.
Advice part IV (essay exams) here.
Advice part V (conclusory argumentation) here.
Advice part VI (incomplete argumentation) here.

Among other things, the book details Shatner’s efforts at being a recording artist. In his records, Shatner doesn’t really sing; instead he speaks the words dramatically. His recent recording effort, Has Been, is actually very good and includes musical talents such as Joe Jackson, Adrian Belew, and Henry Rollins. It was well-received by reviewers. (Over 200 readers on Amazon.com gave it on average 4.5 stars out of 5.)

But as Shatner’s book recounts, his earlier musical efforts were not well-received, such as his infamous cover of Rocket Man at the 1978 Science Fiction Film Awards. Shatner also discusses his cover of The Beatles’ Lucy in the Sky with Diamonds, which I do think is pretty darn awful.

Below is a wonderful YouTube parody mashing together Shatner’s cover of Lucy in the Sky with Diamonds with images to gently mock Shatner, Star Trek, and The Beatles (as well as Lucy Ricardo and Lucy Van Pelt):

Click here to view the embedded video.

IP Students: discuss (or just hum along).

Click here to view the embedded video.

The video’s creator, Culture Killer, can be found here and here.

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