The swinging tire, the pit bull, and the law
People are swarming around me about the all-caps name, a fallacy they’ve latched onto as if it were an inner secret. They’re myopic—their arguments are self-centered and narrow-minded. Instead of observing the full body of law surrounding them, they focus inwardly.
Now picture this – a pit bull in a backyard with an old rubber tire swing hanging from a tree. The dog sees the tire and attacks it relentlessly, sinking its teeth into what it deems essential. It’s so engrossed that its front legs dangle off the ground while it wobbles back and forth. The dog is self-tethered as the rope secures him to the tree.
The dog is oblivious to its surroundings; perhaps there are geese he could chase down in the yard, but he remains fixated on that tire swing—his argument. He is very vulnerable because of this obsession.
Sadly, law-fi* believers believe their ‘all-caps name’ argument is of fundamental importance.
Religion draws parallels here; consider faith in Jesus Christ versus Hinduism or Islam—can anyone prove which one is right? We follow beliefs without exploring alternatives.
Specializing is common for doctors—focusing on eyes or feet instead of having a general knowledge of everything. These specialists understand they don’t possess exhaustive knowledge. People consumed with their own opinion don’t realize how restricted their understanding is.
These friends I continuously engage with have tunnel vision—like our pit-bull friend. Tethered, they are looking up a rope. They see the limb, but cannot see the whole body of law. That is the full tree, trunk, and foundation of its roots.
They refuse to see beyond what they’ve accepted as truth, despite evidence suggesting otherwise.
They remain captivated by ‘all-cap name’ theories and belief, unable to see past them.
* Law-fiction, like sci-fi.
(The quote below at 9 minutes)
“Often, our most intense discomfort is what precedes and necessitates thinking in a way we have never conceived of before. That new awareness creates possibilities that would never exist had we not been forced to learn something new.”
Brianna Wiest, 101 Essays that Will Change the Way You Think
Logical fallacies
(at 12 minutes)
- Appeal to ignorance
- Appeals to pity/sentimentality
- Bandwagoning
- Generalizations
- Circular reasoning
- Either-or thinking
- Half-truths
- Oversimplification
- Slanted Language
- Testimonials
(at 18 minutes)
Paul v. Virginia, 8 Wall (U.S.) 168; 19 L.Ed 357 (1868)
https://www.law.cornell.edu/supremecourt/text/75/168
(at 43 minutes)
Issue, Rule, Analysis or Application, and Conclusion
The IRAC method
(at 46 minutes)
Analyzing using the IRAC method. In discussing and analyzing authorities, many writers follow what is referred to as the “IRAC” method. “IRAC” is an acronym for Issue, Rule, Analysis or Application, and Conclusion. Many writers, whether writing memos, letters, or briefs for courts, use the IRAC approach in discussing a legal problem.
First, the issue being considered is presented. Introduce the question or topic you will be analyzing. In a memo, the issue is originally set forth in the form of a question, such as “Does the Uniform Partnership Act govern a partnership that has no partnership agreement?” In a discussion section, the issue is often rephrased in the following form: “The key issue is whether the Uniform Partnership Act governs a partnership that has no written agreement.” This serves to frame the discussion that will
Legal Research and Writing for Paralegals, Sixth Edition, 2011 by Deborah E. Bouchoux, Published by Wolters Kluwer Law & Business
follow.
Next, provide the rule or legal authority . . .
Hour 2
It’s time we have the talk
Someone in the chatroom asked a question regarding the reach of the UCC
(at 2:30 minutes)
During last week’s program, a chat room participant expressed the belief that the Uniform Commercial Code (UCC) governs all aspects of law. This is inaccurate; the UCC primarily controls commercial affairs.
While preparing for this week’s show, I revisited an earlier lesson from 2020 about statute code common law to provide perspective on this issue. The UCC regulates commercial transactions such as bills of lading goods leases. Some states, like Tennessee, even refer to it as their commercial code.
However, it does not regulate matters related to traffic courts or criminal laws—contrary to certain misconceptions. Areas such as land ownership, trusts and wills contracts have separate legal frameworks not governed by the UCC.
Commercial law, the Uniform Commercial Code, does not include communications law, probate law, or traffic law.
The UCC is limited to banking and commercial matters.
The model ucc
https://www.law.cornell.edu/ucc
A little more on the IRAC method, Law-fi (fiction)believers, and their failure to make a persuasive argument.
(at 39 minutes)
If you can’t win a paper argument, you will never win in court—using evidence and the rules of civil procedure.
Many law-fi believers conflate ‘liberty’ and ‘sovereignty’
(at 50 minutes)
“I do esteem individual liberty above everything. What is a nation for, but to secure the maximum liberty to every individual?”
D. H. Lawrence, (1885-1938), Source: Letter, 12 July 1916
“By liberty I mean the assurance that every man shall be protected in doing what he believes is his duty against the influence of authority and majorities, custom and opinion.”
Lord Acton, (1834-1902), The History of Freedom in Antiquity, 1877
“The attributes of sovereignty are now enjoyed by every state in the Union.”
Alexander Hamilton, Commentaries on the Constitution, Vol. III, p 287
“The thirteen States are thirteen Sovereignties.”
James Wilson, Member of Continental Congress, signed Declaration of Independence; U.S. Supreme Court Justice and delegate from Pennsylvania, Commentaries on the Constitution, Vol. III, p 287
“The States are nations.”
Daniel Webster, (1782-1852) US Senator
Bottom line: As a collective, the people are the sovereign state.
Individually, they have tremendous liberty which is to be protected by the state.
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