Humans (except for lawyers) Are Predisposed Towards Optimism

Posted on November 27, 2007 by Christopher McKinney

According to a recent article in the Wall Street Journal, our brains seem to be wired for optimism. That is, unless you are a lawyer. Robert Lee Hotz writes that two research teams exploring the anatomy of expectations offer a new perspective on the power of a positive outlook. For the first time, scientists at New York University have mapped the upbeat brain -- finding in a cluster of neurons the size of a martini olive the seed of a sunny outlook on life. At its core, the brain is built for optimism, their work suggests. Except in lawyers.

Surveying law students at the University of Virginia, he found that pessimists got better grades, were more likely to make law review and, upon graduation, received better job offers. There was no scientific reason. "In law," he said, "pessimism is considered prudence."

You can read the article here.

Hat tip to Labor Prof Blog
Tags:

5th Circuit: ADA Standard of Proof is "Motivating Factor"

Posted on November 26, 2007 by Christopher McKinney
Both the Developments in EEO Law Blog and Jottings of an Employer's Lawyer had coverage last week of a recent Fifth Circuit decision finally putting a steak through the heart of the tired old "sole cause" standard of causation in cases under the ADA and the Rehabilitation Act. The case is Pinkerton v. Paige and in holding that the standard is the same in both cases, the court stated:
"[u]nder a plain reading of the statute, and in accord with the position of other circuits, we conclude that the "sole causation" standard is not the appropriate standard for ADA claims. We hold that under a straightforward reading of the statute, the "motivating factor" test should be applied to ADA claims."

While the court's ultimate opinion is not surprising, it is nice to have it set forth in black and white. As the case itself illustrated, trial judges were still forcing litigants to go to trial with what was clearly the wrong standard and defense lawyers felt the need to argue it in every case as long as there was any question at all remaining in the circuit's jurisprudence.

Technorati Tags:

Tags: