August 21, 2019

Archives for January 24, 2019

Total Work [2]: Asleep on the Subway

I saw it often during a visit to Seoul: people sacked out on the subway, on the bus, at coffee shops, on park benches… The practice is common all around Asia. The Japanese have a word for it: “inemuri.”

It is often translated as ‘sleeping on duty,’ but Brigitte Steger, a senior lecturer in Japanese studies at Downing College, Cambridge, who has written a book on the topic, says it would be more accurate to render it as ‘sleeping while present.’

Napping in Public? In Japan, That’s a Sign of DiligenceNY Times (Dec 16, 2016).

Inemuri means it’s more polite to be present, even if you nod off. In the workplace, that means it’s better to sleep on the job than not show up. Besides, it gets you brownie points:

In most countries, sleeping on the job isn’t just frowned upon, it may get you fired… But in Japan, napping in the office is common and culturally accepted. And in fact, it is often seen as a subtle sign of diligence: You must be working yourself to exhaustion.

And of course working yourself to exhaustion is a good thing. Add the Asian practice of wee hours business drinking and you might also be napping on the pavement — another common sight.

Run a Google Images search on the topic and the sheer volume of visuals is striking — these are seriously tired people.[1] It’s easy to imagine the impact of that level of fatigue on job performance, let alone daily life. The cognitive impairment and other health risks of sleep deprivation are well documented,[2] It’s especially bad in the professions — lawyers and doctors are chief among the sleep-deprived.

There’s also a deeper, darker side of chronic, overworked exhaustion, as we saw in last week’s post:

“Off in corners, rumours would occasionally circulate about death or suicide from overwork, but such faintly sweet susurrus would rightly be regarded as no more than local manifestations of the spirit of total work, for some even as a praiseworthy way of taking work to its logical limit in ultimate sacrifice.”

If Work Dominated Your Every Moment Would Life be Worth Living?Aeon Magazine (2018)

Wait a minute! It’s praiseworthy to work yourself to death?! Believe it. And it’s not just in Asia, it’s all around the world, as people everywhere make the steady march toward the state of total work.[3]

Stanford Professor Jeffrey Pfeffer recently wrote a book about workplace-induced ill health and death. The following is from a Stanford Business interview, “The Workplace is Killing People and Nobody Cares” (March 15, 2018).

Jeffrey Pfeffer has an ambitious aspiration for his latest book. “I want this to be the Silent Spring of workplace health,” says Pfeffer, a professor of organizational behavior at Stanford Graduate School of Business. ‘We are harming both company performance and individual well-being, and this needs to be the clarion call for us to stop. There is too much damage being done.’

This is from the book blurb:

In one survey, 61 percent of employees said that workplace stress had made them sick and 7 percent said they had actually been hospitalized. Job stress costs US employers more than $300 billion annually and may cause 120,000 excess deaths each year. In China, 1 million people a year may be dying from overwork. People are literally dying for a paycheck. And it needs to stop.

In this timely, provocative book, Jeffrey Pfeffer contends that many modern management commonalities such as long work hours, work-family conflict, and economic insecurity are toxic to employees—hurting engagement, increasing turnover, and destroying people’s physical and emotional health—and also inimical to company performance.

Jeffrey Pfeffer marshals a vast trove of evidence and numerous examples from all over the world to expose the infuriating truth about modern work life: even as organizations allow management practices that literally sicken and kill their employees, those policies do not enhance productivity or the bottom line, thereby creating a lose-lose situation.

The Japanese word for work-related death is karōshi, which Wikipedia says can be translated literally as ‘overwork death.” The comparable term in South Korea is “gwarosa.” Call it what you like, give it a special name or not — death by overwork is total work taken to its utmost.

We don’t like to think about it, talk about it, admit it. It’s not our problem. Let the pros handle it. We wouldn’t know what to do anyway.

Maybe it’s time we learned.

[1] See also “Death by Work: Japan’s Habits of Overwork Are Hard To Change,” The Economist (2018)

[2] For an introduction, see Wikipedia and Harvard Business Review.

[3] See, e.g.,Britain’s Joyless Jobs Market Can Be Bad For Your Health,” The Financial Times (Aug. 2017). See alsoDead For Dough: Death by Overwork Around the World,” The Straits Times (first published April 6, 2016, updated Oct 6, 2017).

If you like Kevin Rhodes’s posts, you might enjoy his new, which focuses on several themes that have appeared in this blog over the years, such as how belief creates culture and culture creates behavior, and why growth and change are difficult but doable. You can also follow on Facebook.

Colorado Supreme Court: In Double Jeopardy Realm, Merge of Multiplicitous Convictions Has Same Effect as Vacating All but One

The Colorado Supreme Court issued its opinion in People v. Wood on Tuesday, January 22, 2019.

Double Jeopardy—Multiplicitous Convictions—Sentencing and Punishment—Amendment and Correction.

The supreme court clarified that when a mittimus provides that multiplicitous convictions merge, a defendant is afforded the protection to which he or she is entitled under the double jeopardy clause just the same as when a mittimus indicates that all but one of the multiplicitous convictions are vacated. In the double jeopardy realm, the merger of multiplicitous convictions has the same effect as vacating all but one of them.

Here, defendant’s mittimus accurately documented the state district court’s decision to merge his two murder convictions and impose a single life sentence on the resulting merged conviction. But, in resolving defendant’s habeas corpus petition, the U.S. Court of Appeals for the Tenth Circuit misread the mittimus as containing two murder convictions for the same killing and found a double jeopardy defect. Merely because defendant’s mittimus merged the multiplicitous murder convictions, rather than expressly stating that one of them was vacated, does not mean that his double jeopardy rights were violated.

Even if the Tenth Circuit correctly understood the mittimus, any error was clerical in nature. Therefore, the proper remedy was to simply correct the mittimus pursuant to Rule 36 of the Colorado Rules of Criminal Procedure.

Because a division of the court of appeals assumed that the Tenth Circuit’s reading of the mittimus was accurate and then failed to recognize that any error in the mittimus was subject to correction under Rule 36, the court reversed the division’s judgment and vacated its opinion. However, given that the district court recently amended the mittimus to expressly state that one of the multiplicitous murder convictions was vacated, the court did not remand this matter.

Summary provided courtesy ofColorado Lawyer.

Colorado Supreme Court: Inverse Condemnation Claim Grounded in Ownership, Not Use, and Therefore Outside Jurisdiction of Water Court

The Colorado Supreme Court issued its opinion in Allen v. State of Colorado on Tuesday, January 22, 2019.

Water Court Jurisdiction—“Water Matters”—Water Ownership versus Water Use.

This case concerns whether a water court has jurisdiction to consider a claim for inverse condemnation alleging a judicial taking of shares in a mutual ditch company. The water court dismissed plaintiff-appellant’s inverse condemnation claim, concluding that his claim was “grounded in ownership and the conveyance of that ownership, not use,” and therefore the claim was not a water matter within the exclusive jurisdiction of the water court. The supreme court agreed and thus affirmed the water court’s dismissal order.

Summary provided courtesy ofColorado Lawyer.

Tenth Circuit: Unpublished Opinions, 1/23/2019

On Wednesday, January 23, 2019, the Tenth Circuit Court of Appeals issued no published opinion and six unpublished opinions.

United States v. Garrison

McKenna v. Commissioner, SSA

United States v. Walker

United States v. Garcia

Fidelity National Title Insurance Co. v. Pitkin County Title, Inc.

United States v. Savage

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.