Thursday, August 11, 2022

The non delegation theory in constitutional law- Notes from A Jon Stewart Podcast about the SEC

 This legal view is a tool of right wing jurisprudence.

Congress makes the laws.  However, those laws must be vague in order to cover as many eventualities as possible.

How should we handle something like financial regulation or environmental regulation?  Should Congress, completely non specialists write these rules and vote on them?

That is impossible.   It's pragmatically impossible.

What is typically done is this: Congress writes a law to create an agency that will get into the necessary weeds.

Create an agency to foster capital formation and investor confidence.  That's the SEC.  It must have some political independence like the DOJ.  It must be a cop on the beat.

The current theory is that such a statement of intent is not clear enough.   

If this is the case almost all regulatory agencies are under threat here.  

Sunday, August 7, 2022

SUFI THOUGHT AND ACTION QUOTES

SUFI THOUGHT AND ACTION

All of these quotes are from articles by other authors, collected in Idries Shah, Sufi Thought and Action
Since bibliographical information will be complicated to record, I am putting it off for now.



But one may say something and yet not be able to do it.  Try, for instance, lifting yourself up by the bootstraps.
Studying appropriate parts of some literature can provide a basis: it can be an essential prerequisite, a preparation.  Beyond a certain point, however, as with every other specialisation [sic], someone must diagnose, someone must prescribe, and the prescription must by properly carried out.  -5

Some will question whether they should trust at all.  The Sufi's answer to this is simply that, without such trust, no learning is possible.  -9

Sufis, traditionally, dwell among those whom they teach, living good lives as people of probity, acting according to their words, fulfilling undertakings: until, as with the floorboards, the train or the surgeod, they have earned a sufficient degree of trust from those who come in contact with them.  -10


But one becomes accustomed to the 'commanding self's' habit of fishing out false analogies, to protect an empty house against burglars, in the Sufic phrase.  29

Hence the motto, one of many on this subject, current with Sufi teachers:
Eat what you desire, but dress like other people.  30

Trust is not something caused.  It is something developed.   That is to say, what is called 'trust' when it is slowly taught to animals by the men that tame them, is not trust, but reliance.  Real trust is different.  -37

Trust is something which the Sufi postulant must find from within himself, in spite of what the superficialities seem to indicate.  This is one reason that Sufi masters have even made themselves appear ridiculous or untrustworthy to intending disciples.  -37


Everything is Obvious- How Common Sense Fails Us

EVERYTHING IS OBVIOUS- HOW COMMON SENSE FAILS US

by Duncan J Watts
c2011

As sociologists are fond of pointing out, many of these aphorisms appear to be direct contradictions of each other.   Birds of a feather flock together, but opposites attract.   Absence indeed makes the heart grow fonder, but out of sight out of mind.   Look before you leap, but he who hesitates is lost.   -17

In countless experiments, for example, psychologists have shown that an individual's choices and behavior can be influenced by "priming" them with particular words, sounds or other stimuli.   Subjects in experiments who read words like "old" and "frail" walk more slowly down the corridor when they leave the lab.  Consumers in wine stores are more likely to buy German wine when German music is playing in the background and French wine when French music is playing.   Survey respondents asked about energy drinks are more likely to name Gatorade when they are given a green pen in order to fill out the survey.   And shoppers looking to buy a couch online are more likely to pot for an expensive, comfortable-looking couch when the background of the website is of fluffy white clouds, and more likely to buy the harder, cheaper option when the background consists of dollar coins.  -39

And they are more likely to believe a written statement if the font is easy to read....

Using Videotapes to Train Tutors

Using Videotapes to Train Tutors

From The Writing Lab Newsletter. Volume 14, Number 5. January 1990. Written by Janice Neuleib, Maurice Scharton, Julia Visor, Yvette Weber-Davis All Center tutors learn on day one that nonverbal signals dictate the tone of initial contacts and may affect all future tutoring. Yet we often spot a tutor seated across a table froma student who is leaning expectantly forward, twisting to see what the book or paper on the other side of the table says. Or a tutor will lean back in the chair or steeple hands while explaining a concept. The videotape tells the tutor immediately that such body language interferes with communication. -2 

 ...talking to much is the cardinal sin of tutoring. -2 

 A tutor listening to his or her own voice can easily miss the cues of knitted brows or wandering eyes on the face of the student. -3 

 They [leaders] can see themselves in dominant postures, asking leading questions or close-ended questions, making too forceful responses, or indulging in any other behavior that interferes with successful group interaction. -3

Yes! 50 Scientifically Proven Ways to be Persuasive

Yes!  50 Scientifically Proven Ways to be Persuasive

By Noah Goldstein, Steve J Martin, and Robert Cialdini These results show that what most others are doing acts as a "magnetic middle," meaning that people who deviate from the average tend to be drawn to the average like metal filing to a magnet--they change their actions to be more in line with the norm regardless of whether they were previously behavior in a socially desirable or a socially undesirable way. -27 

 Giving children choices in what books they'd like to read or what dinner they'd like to eat can undoubtedly be beneficial, but too many choices might be overwhelming and ultimately demotivating. The old saying may well assert that variety is the spice of life, but as the scientific research demonstrates, in some circumstances, too much variety, like too much spice, can be the ingredient that spoils the dish and, as a result, spoils your efforts at persuasion. -34 

 For example, suppose you were part of organization that decided to pay for you to attend an educational conference taking place on a cruise shi, and that you wanted to stay in a room with a window. Rather than simply asking your manager his or her opinion about the window room, you can bookend that choice with two other possibilities--one that's not as nice (a windowless inside cabin) and one that's clearly better but may be viewed as too expensive (a room with a balcony.) -40 

 This research clearly shows the value of giving gifts that are significant, unexpected, and personalized. --55 

 This strategy, known as the labeling technique, involves assigning a trait, attitude, belief, or other label to a person, and then making a request of that person consistent with that label. -69 

For instance, research one of us conducted with several colleagues showed that when teachers tell children that they seem like the kind of students who care about having good handwriting, the kids spent more of their free time practicing their handwriting--even when they thought no one was around to watch. -71 

 The lesson? Display your diplomas, certificates, and awards to those you want to persuade. You've earned those credentials, and, in turn, they'll help you earn your audience's trust. -97 

 Although many companies typically focus their training exclusively on the positive-in other words, on how to make good decisions- the results of this study suggest that a sizable portion of the training should be devoted to how others have made errors in the past and how those errors could have been (and can be) avoided. -108 

 In other words, be sure to follow your discussion of a drawback with a positive aspect that's related to, and that neutralizes, the drawback. In other words, when life gives us lemons, we should try to make lemonade, not apple juice. -118 

 [An example of the value of matching someone's language] To take one example, many food servers have found that they receive larger tips when they repeat their customers' orders back to them exactly as the customer verbalized it. -133 

 In fact, social psychologists Tanya Chartrand and John Bargh argue that matching the behavior of others creates feeling of liking and strengthens bonds between two people. In one experiment, the researchers set up a situation in which a research assistant either mirrored the posture and behavior of a subject. [. . . ] The researchers found that the participants who had been mirrored liked the research assistant more and felt that the interaction was smoother than did participants whose behavior had not been mirrored. -134 

 With lead researcher Petia Petrova, one of us conducted a series of studies showing that encouraging customers to imagine themselves experiencing the delights of a restaurant or holiday destination only increases the desire to visit if it's easy to imagine doing so. -157 

 According to social scientists Adam Alter and Daniel Oppenheimer, people tend to have a greater affection for words and names that are easy to pronounce (that is, those that have a high degree of fluency) that those that are hard to pronounce. -159 

 [Could this principle apply to fluency in sentences?] In a similar vein, researchers have found that the persuasiveness of a handwritten message is influenced by the quality of the handwriting: The worse the handwriting, the less persuasive the message will be. Readers mistakenly interpret the sense of difficulty they feel when they read a message with bad handwriting as a sense of difficulty believing the content of the message. -161 

 Additional research, by Oppenheimer has shown that using overly complex language like this can produce the exact opposite of the intended effect. Because the audience has difficulty interpreting the language, the message is deemed less convincing and the author is perceived to be less intelligent. -162 [Word Choice!] The researchers found that even though all the participants in the study strongly held the belief that rhyming was in no way an indicator of accuracy, they nontheless perceived the statements that rhymed as more accurate than those that didn't. The researchers explained that rhyming phrases are characterized by greater processing fluency: They're mentally processed more easily than nonrhyming phrases. Because peopel tend to base accuracy evaluations, at least party, on the perceived fluency of the incoming information, the rhyming statements are actually judged as more accurate. -165 

 Educators and parents can also benefit from such a strategy. Imagine taht you child is being particularly stubborn about doing his homework and you feel compelled to try incentives. If you decide to give him one full Saturday at the zoo for every six weekends in which he does his homework, you might find that he would be especially motivated to comply if you started him off with "credit" for one weekend before your little program officially begins. -172 

 Unexpected decriptive names, such as Kermit green, are effective because they act as a sort of puzzle to be solved, which typically leads people to consider more aspects of the products--particularly the positive ones.  Although solving this little puzzle may not qualify consumers to join Mensa, it may create an "aha" moment that could lead them to associate positive emotions with the product.  -175

Using a variety of names for jelly bean flavors and for swearer colors, Miller and Kahn confirmed that products with unexpected descriptive and ambiguous names were in fact regarded as more desirable thatn were those of hte other two category types.  -175

Behavioral scientists Christopher Hsee and Yuval Rottensctreich have asserted that people's jusgment and decision-making abilities can be impaired by any emotionally charged issue., regardless of the positivity or negativity of the feelings it produces.  They argue that emotions lead people to become less sensitive to differences in the magnitude of number, in other words, peopl are more lifely to pay attention to the simple presence or absence of an even as opposed to the specific numbers that characterize the event.