nswd

pipeline

The real classical, you know. And blind too, poor fellow. Not twenty I’m sure he was.

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…scientific research with actual forensic examiners which [showed] that the *same* expert, examining the *same* evidence, can reach different conclusions when they are affected by bias. The problem was also demonstrated in fingerprinting and DNA, very robust forensic domains. […]

Fingerprinting, DNA, CCTV images, firearms, shoe and tire marks, document examination, and so on. When there is no instrument that says ‘match’ or ‘no-match’ and it is in the ‘eye of the beholder’ to make the judgement, then subjectivity comes in, and is open to cognitive bias. Essentially, forensic areas in which there are no objective criteria: where it is the forensic expert who compares visual patterns and determines if they are ‘sufficiently similar’ or ‘sufficiently consistent’. For example, whether two fingerprints were made by the same finger, whether two bullets were fired from the same gun, whether two signatures were made by the same person. Such determinations are governed by a variety of cognitive processes.

{ Itiel Dror/Mind Hacks | Continue reading }

The smaller the attendance the bigger the history

Paul Ehrlich gave a talk at Stanford titled “Can a Collapse be Avoided”? Ehrlich is a biologist but his interests spread to Economics and Technology as well. The “collapse” of his talk is the catastrophe that, according to most climate scientists, is rapidly approaching. He listed eight major environmental problems and briefly discussed each. Some of them need no introduction (extinction of species, climate change, pollution) but others are no less catastrophic even though less advertised.

For example, global toxification: we filled the planet with toxis substances, and therefore the odds that some of them interact/combine in some deadly chemical experiment never tried before are increasing exponentially every year. There is no known way to fix something like that. We know how to fix pollution and carbon emissions and so forth (if we wanted to), but science would not know how to deal with a chemical reaction triggered by the combination of toxic substances in the soil. The highlight of the talk for me was the emphasis on “non-linearity”. Many scientists point out the various ways in which humans are hurting our ecosystem, but few single out the fact that some of these ways may combine and become something that is more lethal than the sum of its parts.

Another interesting point that is not widely recognized is that the next addition of one billion people to the population of the planet will have a much bigger impact on the planet than the previous one billion. The reason is that human civilizations already used up all the cheap, rich and ubiquitous resources. Naturally enough, humans started with the cheap, rich and ubiquitous ones, whether forests or oil wells. A huge amount of resources is still left, but those will be much more difficult to harness. For example, oil wells have to be much deeper than they used to. Therefore one liter of gasoline today does not equal one liter of gasoline a century from now: a century from now they will have to do a lot more work to get that liter of gasoline. That was the second key point that struck me: it is not only that some resources are being depleted, but even the resources that will be left are, by definition, those that are difficult to extract and use (a classic case of diminishing margin of return).

The bottom line of these arguments is that the collapse is not only coming, but the combination of the eight factors plus the internal combinations in each of them make it likely that it is coming even sooner than pessimists predict.

{ Piero Scaruffi | Continue reading }

The night that hides things from us

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In the summer of 2008, police arrived at a caravan in the seaside town of Aberporth, west Wales, to arrest Brian Thomas for the murder of his wife. The night before, in a vivid nightmare, Thomas believed he was fighting off an intruder in the caravan – perhaps one of the kids who had been disturbing his sleep by revving motorbikes outside. Instead, he was gradually strangling his wife to death. When he awoke, he made a 999 call, telling the operator he was stunned and horrified by what had happened, and unaware of having committed murder.

Crimes committed by sleeping individuals are mercifully rare. Yet they provide striking examples of the unnerving potential of the human unconscious. In turn, they illuminate how an emerging science of consciousness is poised to have a deep impact upon concepts of responsibility that are central to today’s legal system.

After a short trial, the prosecution withdrew the case against Thomas. Expert witnesses agreed that he suffered from a sleep disorder known as pavor nocturnus, or night terrors, which affects around one per cent of adults and six per cent of children.

[…]

It is commonplace to drive a car for long periods without paying much attention to steering or changing gear. According to Jonathan Schooler, professor of psychology at the University of California, Santa Barbara, ‘we are often startled by the discovery that our minds have wandered away from the situation at hand’. But if I am unconscious of my actions when I zone out, to what degree is it really ‘me’ doing the driving?

This question takes on a more urgent note when the lives of others are at stake. […] The driver appeared in Worcester Crown Court on charges of causing death by reckless driving. For the defence, a psychologist described to the court that ‘driving without awareness’ might occur following long, monotonous periods at the wheel. The jury was sufficiently convinced of his lack of conscious control to acquit on the basis of automatism.

The argument for a lack of consciousness here is much less straightforward than for someone who is asleep. In fact, the Court of Appeal said that the defence of automatism should not have been on the table in the first place, because a driver without ‘awareness’ still retains some control of the car. None the less, the grey area between being in control and aware on the one hand, and in control and unaware on the other, is clearly crucial for a legal notion of voluntary action.

If we accept automatism then we reduce the conscious individual to an unconscious machine. However, we should remember that all acts, whether consciously thought-out or reflexive and automatic, are the product of neural mechanisms.

{ aeon | Continue reading }

previously { Sometime after 2 A.M. one Sunday morning in May 1987, Kenneth James Parks drove 23 kilometers to the apartment of his wife’s parents. }

photo { Claudine Doury }

I sometimes feel that I have nothing to say and I want to communicate this

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Tightknit cabals of dealers and speculative collectors count on the fact that you will report record prices without being able to reveal the collusion behind how they were achieved. I get annoyed, for example, when one of Urs Fischer’s worst works (a candle sculpture depicting collector Peter Brant from 2010) makes $1.3m while Sherrie Levine’s classic bronze urinal, titled Fountain (After Marcel Duchamp) (1991), doesn’t even crack a million. The collision of financial interests behind 39-year-old Fischer, which includes Brant, François Pinault, Adam Lindemann, Larry Gagosian and the Mugrabi family, might explain the silly price. […]

Fraud and price-fixing aside, everyone involved in the art market knows that tax evasion is a regular occurrence and money laundering is a driving force in certain territories. However, your publication’s lawyers will quite rightly delete any mention of these illegalities. It’s impossible to prove them unless you can wiretap and trace money transfers. […]

Writing about the art market is painfully repetitive. […]

People send you unbelievably stupid press releases. […]

It implies that money is the most important thing about art.

{ Sarah Thornton | Continue reading }

uʍop ǝpısdn

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Over time, we have grown increasingly vulnerable to natural disasters. Each decade economic losses from such disasters more than double as people continue to build homes, businesses, and other physical infrastructure in hazardous places. Yet public policy has thus far failed to address the unique problems posed by natural disasters. […]

Drawing from philosophy, cognitive psychology, history, anthropology, and political science, this Article identifies and analyzes three categories of obstacles to disaster policy — symbolic obstacles, cognitive obstacles, and structural obstacles. The way we talk about natural disaster, the way we think about the risks of building in hazardous places, and structural aspects of American political institutions all favor development over restraint. Indeed, these forces have such strength that in most circumstances society automatically and thoughtlessly responds to natural disasters by beginning to rebuild as soon as a disaster has occurred.

{ SSRN | Continue reading }

photo { Ann James }

‘The only thing good about this shithole is their screening of Night of the Hunter. Everything else can burn.’ –James Tung

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In the 1990s, Thomas Quick confessed to more than 30 murders, making him Sweden’s most notorious serial killer. Then, he changed his name and revealed his confessions were all faked. […]

There were no DNA traces, no murder weapons, no eyewitnesses – nothing apart from his confessions, many of which had been given when he was under the influence of narcotic-strength drugs.

{ Guardian | full story }

image { Marina Abramović, Rhythm 10, 1973 }

‘We have already gone beyond whatever we have words for.’ –Nietzsche

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According to a songwriting blogger named Graham English, a typical pop song has anywhere from 100 to 300 words, with the Beatles at the low end of that scale and the verbose Bruce Springsteen at the high end. (Don McLean’s epic “American Pie,” for those who wonder, clocks in at 324 words.) […]

[Rihanna’s “Diamonds,”] 67 words. Underwhelming. But at least it’s more complex than “Where Have You Been,” […] 40 distinct words.

{ Time | Continue reading }

photo { Alexandra Ziegler }

Against boredom even gods struggle in vain

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Implicit in the rationalist literature on bargaining over the last half-century is the political utility of violence. Given our anarchical international system populated with egoistic actors, violence is thought to promote concessions by lending credibility to their threats. In dyadic competitions between a defender and challenger, violence enhances the credibility of his threat via two broad mechanisms familiar to theorists of international relations. First, violence imposes costs on the challenger, credibly signaling resolve to fight for his given preferences. Second, violence imposes costs on the defender, credibly signaling pain to him for noncompliance (Schelling 1960, 1966). All else equal, this forceful demonstration of commitment and punishment capacity is believed to increase the odds of coercing the defender’s preferences to overlap with those of the challenger in the interest of peace, thereby opening up a proverbial bargaining space. Such logic is applied in a wide range of contexts to explain the strategic calculus of states, and increasingly, non-state actors.

From the vantage of bargaining theory, then, empirical research on terrorism poses a puzzle. For non-state challengers, terrorism does in fact signal a credible threat in comparison to less extreme tactical alternatives. In recent years, however, a spate of empirical studies across disciplines and methodologies has nonetheless found that neither escalating to terrorism nor with terrorism encourages government concessions. In fact, perpetrating terrorist acts reportedly lowers the likelihood of government compliance, particularly as the civilian casualties rise. The apparent tendency for this extreme form of violence to impede concessions challenges the external validity of bargaining theory, as traditionally understood. In Kuhnian terms, the negative coercive value from escalating represents a newly emergent anomaly to the reigning paradigm, inviting reassessment of it (Kuhn 1962).

That is the purpose of this study.

{ International Studies Quarterly | PDF }

related { Making China’s nuclear war plan | PDF }

On October 4, good luck planet Jupiter goes retrograde (backward) in Gemini, your house of personal goals and new beginnings

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Sawing a woman in half is a generic name for a number of stage magic tricks in which a person (traditionally a female assistant) is apparently sawn or divided into two or more pieces. […]

Magician Les Arnold is reported to have been the first to have devised a clear box sawing (known as the “Crystal Sawing”) as far back as 1976. The Pendragons performed a variation called “Clearly Impossible”, in which the box used is both particularly slim and also transparent. […]

As a teenager Dorothy Dietrich became “distinguished as the first woman to saw a man in half” [she is also the first and only woman to have performed the bullet catch in her mouth].

{ Wikipedia | Continue reading }

images { Jennifer Grey in Dirty Dancing, 1987 | Irving Penn, Chieftain’s Wife (Torso), Cameroon, 1969 }

The poor man starves while they are grassing their royal mountain stags or shooting peasants and phartridges in their purblind pomp of pelf and power

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Taphophobia means “fear of graves” (taphos = tomb, and phobia = fear of), but its common use is “fear of being buried alive.” Premature burial is not an urban legend, incidents have been documented in nearly every society. […]

Many cultures built time delays into their death rites to make sure someone was truly dead. Greeks washed the dead… and some would wake up. In more difficult cases, they would cut off fingers or dunk the bodies in warm baths. The custom of the Irish wake began with the Celts watching the body for signs of life. But mistakes were made, often in times of epidemic. The hopes of preventing the spread of infection often lead to burying the dead before they were quite dead. […]

In her 1996 book, The Corpse: A History, Christine Quigley documents many instances of premature burial and near-premature burial. Skeletons were outside their coffins, sitting up in the corner of their vault after being opened years later. Others were found turned over in their caskets, with tufts of their own hair in their hands.

How might this happen? What conditions might make it look so much like you were dead that even your loved ones would let them plant you in the ground? The list is long and varied, but here are some of the more common things that can make you look dead:

Asphyxiation […]

Catalepsy […]

Coma […]

Apoplexy

{ As Many Exceptions As Rules | Continue reading }

It’s all bullshit except the pain

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Kathryn Graham and her colleagues trained 148 observers and sent them out to 118 bars in early-hours Toronto where they recorded 1,057 instances of aggression from 1,334 visits. Where the majority of psychology research on aggression is based on laboratory simulations, Graham’s team collected real-life observational data to find out who gets aggressive and why.

The researchers followed the Theory of Coercive Actions, according to which aggressive acts have one or more motives: compliance (getting someone to do something, or stop doing something); grievance; social identity (to prove one’s status and power); and thrill-seeking.

Unsurprisingly, the vast majority (77.5 per cent) of aggressive acts were instigated by men. Men more than women were driven to aggression by identity and thrill-seeking motives; by contrast female aggression was more often motivated by compliance and grievance. This often had a defensive intent, as a reaction against unwanted sexual advances. […]

The researchers found that greater intoxication led to more serious aggression in women, but not men - perhaps because the latter were emboldened enough already.

{ BPS | Continue reading }

Chad Feldheimer: [on the phone] Osbourne Cox? I thought you might be worried… about the security… of your shit.

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Bobbi Duncan desperately wanted her father not to know she is lesbian. Facebook told him anyway.

One evening last fall, the president of the Queer Chorus, a choir group she had recently joined, inadvertently exposed Ms. Duncan’s sexuality to her nearly 200 Facebook friends, including her father, by adding her to a Facebook Inc. discussion group. That night, Ms. Duncan’s father left vitriolic messages on her phone, demanding she renounce same-sex relationships, she says, and threatening to sever family ties. […]

Soon, she learned that another choir member, Taylor McCormick, had been outed the very same way, upsetting his world as well.

The president of the chorus, a student organization at the University of Texas campus here, had added Ms. Duncan and Mr. McCormick to the choir’s Facebook group. The president didn’t know the software would automatically tell their Facebook friends that they were now members of the chorus.

The two students were casualties of a privacy loophole on Facebook—the fact that anyone can be added to a group by a friend without their approval. As a result, the two lost control over their secrets, even though both were sophisticated users who had attempted to use Facebook’s privacy settings to shield some of their activities from their parents.

{ WSJ | Continue reading }

photo { Ray K. Metzker }

I walk up close, and I fo’, fo’ revolve ‘em


This article investigates how the law is perceived in hip-hop music. Lawyers solve concrete legal problems on basis of certain presuppositions about morality, legality and justice that are not always shared by non-lawyers. This is why a thriving part of academic scholarship deals with what we can learn about laymen’s perceptions of law from studying novels (law and literature) or other types of popular culture. This article offers an inventory and analysis of how the law is perceived in a representative sample of hip-hop lyrics from 5 US artists (Eminem, 50 Cent, Dr. Dre, Ludacris and Jay-Z) and 6 UK artists (Ms Dynamite, Dizzee Rascal, Plan B, Tinie Tempah, Professor Green and N-Dubz).

After a methodological part, the article identifies four principles of hip-hop law. First, criminal justice is based on the age-old adage of an eye for an eye, reflecting the desire to retaliate proportionately. Second, self-justice and self-government reign supreme in a hip-hop version of the law: instead of waiting for a presumably inaccurate community response, it is allowed to take the law into one’s own hands. Third, there is an overriding obligation to respect others within the hip-hop community: any form of ‘dissing’ will be severely punished. Finally, the law is seen as an instrument to be used to one’s advantage where possible, and to be ignored if not useful. All four principles can be related to a view of the law as a way to survive in the urban jungle.

{ SSRN | Continue reading }

I know that you and Frank were planning to disconnect me, and I’m afraid that’s something I cannot allow to happen

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A single mysterious computer program that placed orders — and then subsequently canceled them — made up 4 percent of all quote traffic in the U.S. stock market last week, according to the top tracker of high-frequency trading activity. The motive of the algorithm is still unclear.

The program placed orders in 25-millisecond bursts involving about 500 stocks, according to Nanex, a market data firm. The algorithm never executed a single trade, and it abruptly ended at about 10:30 a.m. ET Friday.

{ CNBC | Continue reading }

If you could think of something that would get an NC-17 rating with no sex or violence, you would have the most radical movie of the year

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{ How leading anatomical experts predict our descendants will differ physically from us in 1,000 years from now | The Sun | full story }

Same style of beauty. Quick of him all the same. The stiff walk. True word spoken in jest.

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Courts are rarely asked to judge beauty. Such a subjective practice would normally be anathema to the ideal of objective legal standards. However, one area of federal law has a long tradition of explicitly requiring courts to make aesthetic decisions: the law of design. New designs may be protected as design patents, but only if they are “ornamental” in nature. As the U.S. Supreme Court has noted, “a design must present an aesthetically pleasing appearance…” This study uses empirical and experimental approaches to test the hypothesis that courts tend to favor more attractive patented designs over less attractive ones. It relies upon a data set that includes all design patent decisions from 1982 until 2010 in which a court made a final determination of validity or infringement, with every design patent at issue therein classified as valid or invalid and infringed or not infringed.

{ Journal of Intellectual Property Law/SSRN | Continue reading }

unrelated { The nuns in Catholic school taught us there was such a thing as sanctuary — the police cannot arrest a suspect in a church. Does this concept have a basis in law, or is it just a social custom that can be discarded on a whim? | The Straight Dope | full story }

photo { Helmut Newton, Van Cleef & Arpels Diamond Necklace X-Ray, 1979 }

Gentleman of the jury, let me explain. A pure mare’s nest. I am a man misunderstood.

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Devising marking systems (signs & etc.) which can be easily understood by anyone, anywhere, and in any language, is never going to be an easy task. Now imagine that on top of this, the systems have to remain intact and effective for the next 10,000 years. Specifically to discourage inadvertent intruders at a large-scale nuclear waste repository.

Just such a daunting task was evaluated by two teams co-ordinated by the US Sandia National Laboratories in 1992. They produced a 351-page report detailing their findings: Expert Judgment on Markers to Deter Inadvertent Human Intrusion into the Waste Isolation Pilot Plant [PDF | 20MB].

{ Improbable Research | Continue reading }

oil on canvas { Johannes Kahrs, Untitled (four men with table), 2008 }

Oh mon petit chou-chat

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Through three separate experiments a team of scientists from Hiroshima University showed that people showed higher levels of concentration after looking at pictures of puppies or kittens. […]

“This finding suggests that viewing cute images makes participants behave more deliberately and perform tasks with greater time and care,” said the researchers, according to the published paper. […]

The study’s authors write that in the future cute objects could be used as a way to trigger emotions “to induce careful behavioral tendencies in specific situations, such as driving and office work.”

{ WSJ | Continue reading }

Hence the best solution is to abolish patents entirely

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Our patent system is a mess. It’s a fount of expensive litigation that allows aging companies to linger around by bullying their more innovative competitors in court.

Critics have suggested plenty of reasonable reforms, from eliminating software patents to clamping down on ”trolls” who buy up patent portfolios only so they can file lawsuits. But do we need a more radical solution? Would we be better off without any patents at all?

That’s the striking suggestion from a Federal Reserve Bank of St. Louis working paper by Michele Boldrin and David Levine, professors at Washington University in St. Louis who argue that any patent system, no matter how well conceived, is bound to devolve into the kind of quagmire we’re dealing with today.

{ The Atlantic | Continue reading }

‘Why go to sleep when you can stay up all night freaking out?’ –Patrick Harrison

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{ The US Naval Surface Warfare Center has created an Android app that secretly records your environment and reconstructs it as a 3D virtual model for a malicious user to browse. | The Physics arXiv Blog }



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