[MT] Nash's Equilibrium and the Practice of Law
D. L. Tooley
Mind', states that the best economic outcomes are reached when the
participants recognize that there is an outcome that benefits all of them.
This is a win-win strategy and contrasts with the Adam Smith notion of
strict win-lose competition leading to the best outcome.
The legal profession, in practice, has a take on this - it is that the best
win-win strategy for lawyers is to encourage as much win-lose competition
among everyone else. In fact, if you are to work for anything else you are,
under the 'law', as practiced in the US - a loser.
This has been very much at play in the US since the civil upheavals of the
60s and 70s resulting from the wealth of the post WW2 US. And not
completely without justification, either - there were certainly excesses of
frivolity resulting from this creative release.
It is not however 1950 in the US, though there are some that think this is
the correct response to these liberal flowerings, it is 2002. It is time to
continue to innovate, both socially and technically - and to do so in an
economically responsible fashion.
Here in Seattle, where I live, this is very clear. We are largely
responsible for the dot com crash and much of the unjustified optimisim of
the maturing baby boomers. Much of this is the result of trying to live up
to the Microsoft model of success - which though technically grounded in the
future is socially based in the 1950's thanks much in part to Bill Gates
father, Bill Gates, Sr - a senior partner in the municipal bonding firm of
Preston Gates and Ellis - a firm that not coincidentally found its dominance
in the '50's.
The effects of this firm upon our local economy are not all that different
from that of monopoly - people running around thinking they control
everything, demanding 'payment' for same, and doing very little, in some
individual cases nothing. The internet boom is certainly an example of
this - the myth being is all you need to do is put out a web site that is
dominant in your niche and you can just sit back and reel in the dough.
I however am more reminded of deadbeats and the worst of the non-violent
activities of drug users.
And I postulate, dear readers, that the reason for this is the rise in the
popularity of 1950's style win-lose law.
And I postulate, dear readers, that the solution to this problem, is nothing
less than the supreme law of this land, the US Constitution, in spirit and
letter.
And yes, that does mean that every practicing senior attorney in King County
is in violation of the law and the constitution - is, in fact, conspiring to
undermine the constitution.
And the family man and lover, John Nash.
--
Douglas L Tooley
Seattle, WA
"All Roads Lead to Rome"