July 18, 2019

Archives for February 21, 2019

Working With Passion [2]

I’m wild again
Beguiled again
A simpering, whimpering child again
Bewitched, bothered and bewildered am I.

From the Broadway show “Pal Joey,”
Rodgers and Hart

(Click here or on the image below to treat yourself to the silken sound of Ella Fitzgerald.)

The ManagementSpeak argument for working with passion is that disengagement is expensive and risky:  it compromises products and services, generates client and customer dissatisfaction, stirs up co-worker resentment and mistrust, impairs leadership judgment, exposes the firm and the people in it to ethical and legal hazards.

The Compassionate ManagementSpeak (if there is such a thing) argument is that disengagement wears down human beings: it makes us unhappy and unproductive at work, and sours the rest of life.

The Working With Passion Remedy is that we need to fall in love again — with work, to be sure, but if we do, we’ll probably also fall in love again with being alive. The company wins, and so do the people in it.

Trouble is, there’s a joker in the deck:  the part about love. Love involves an unpredictable mix of brain and body hormones that generate its familiar delights and dark sides. This article from Harvard[1] catalogues the hormonal progression from lust to love to long-term bonding:  testosterone, estrogen, vasopressin, dopamine, norepinephrine, serotonin, oxytocin. The dynamic blend of these volatile hormones accounts for both delight and disaster. Not only that, but falling in love can “turn off regions in our brain that regulate critical thinking, self-awareness, and rational behavior, including parts of the prefrontal cortex. In short, love makes us dumb.”

The Dark Side of Dumb includes addiction and bipolar disorder — both of which involve a condition known as “mania.” According to the Mayo Clinic, mania is characterized by:

  • Feeling abnormally upbeat, jumpy or wired.
  • Increased activity, energy or agitation.
  • Exaggerated sense of well-being and self-confidence (euphoria).
  • Decreased need for sleep.[2]

There’s more, but if we’re desperate, just that much makes us think what’s not to like? It sure beats the usual drudge. What have we got to lose?

A lot, actually. Passion turns us into high risk takers at best, delusional risk takers at worst. We go to a workshop (like the ones I used to lead), we take a vacation, go on a retreat, read a self-help bestseller… and we get a hormonal jolt of inspiration. It feels good — way better than business as usual, in fact so good that no amount of warning (I also gave plenty of those in my workshops) can deter us from taking the plunge.

I’ve done it myself:  I was in the grip of it when I made my bumbling exit out of law practice. I wrote a book about that experience, and here’s what I said about mania:

When we’re in [a state of mania], life has a heightened sense of meaning and purpose, serendipity and synchronicity rule the day, and everything in and around us is an amazing unified oneness – perfect, whole, and complete. It’s the place where auspicious connections are easily made, where imagination makes visions and dreams come true.

Neuroscientists locate that state of mind in the brain’s prefrontal cortex. That’s where the brain tells us all is well, where all of our perceptions come together into a meaningful whole, in a happy stew of the right hormones and chemicals in the right balance to make us feel really, really good.

Compare that to the opposite state of depression, where all is disjointed, fragmented, without meaning or purpose, where social bonds are severed and life is a random walk of disintegration, where the most basic life activities are burdensome, and fruitfulness is a pipedream.

But watch out, the neuroscientists tell us:  you can have too much of a good thing. Get the wrong mix in your neurotransmitter soup, and your natural high can be replaced with delusion, hallucinations, paranoia, schizophrenia, obsessive compulsive disorder, Tourette’s Disease, addictions.

Not the prettiest list.

That’s why mania is plutonium for the for human soul:  powerful almost beyond measure, equally suited to creation or destruction, and tricky to control once we let it loose. But dark side or not, mania is why we dream big dreams, and the bigger they are, the more mania we need. If we want to make our dreams come true, we risk mania’s dark side.

“Mania is plutonium for the human soul.”

Love risks mania, so does working with passion. Both create, both destroy. That doesn’t mean don’t go there, just keep your eyes open if you do. I don’t regret my personal Working With Passion Remedy, you might not regret yours either.

But then again, you might. And now you’ve been warned.

You also hear about finding your calling or purpose in your work as a cure for the disengagement blues. We’ll talk about that next time.

I tell my mania story in Life Beyond Reason:  A Memoir of Mania. It’s available as a free download here, or you can get it inexpensively in print or digitally from Amazon here. I’m currently writing a sequel about how I’ve been learning to make mania safe and sustainable.


[1]Love, Actually: The Science Behind Lust, Attraction, And Companionship,” Katherine Wu, Harvard Graduate School of Arts and Sciences website ( Feb. 14, 2017).

[2] For more on mania, see also this article from Psych Central.

Colorado Supreme Court: DUI, Fourth Offense, is Class 4 Felony Therefore Defendant Entitled to Preliminary Hearing

The Colorado Supreme Court issued its opinion in In re People v. Tafoya on Tuesday, February 19, 2019.

Sentencing and Punishment—Criminal Law—Preliminary Hearings

In this original proceeding pursuant to C.A.R. 21, the supreme court reviewed the district court’s ruling denying petitioner a preliminary hearing when she was charged with Driving Under the Influence (DUI)—fourth or subsequent offense, a class 4 felony under C.R.S. § 42-4-1301(1)(a), and was being held in custody on that charge.

The court issued a rule to show cause and now makes the rule absolute. C.R.S. § 16-5-301(1)(b)(II) provides that a defendant who is accused of a class 4, 5, or 6 felony and is in custody for that offense “may demand and shall receive a preliminary hearing.” The legislature amended the DUI statute to provide that DUI is a class 4 felony if the violation occurred after three or more prior convictions arising out of separate and distinct criminal episodes. Here, the complaint and information accused petitioner of committing a class 4 felony and she was being held in custody on that charge. Accordingly, under the plain language of the statute, petitioner was entitled to a preliminary hearing, and the district court erred in denying her request for such a hearing.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Water Court Properly Dismissed Objection that Water Right Holder Would Not Be Able to Deliver Augmentation Water

The Colorado Supreme Court issued its opinion in Well Augmentation Subdistrict of the Central Colorado Water Conservancy District and South Platte Well Users Association v. Centennial Water and Sanitation District on Tuesday, February 19, 2019.

Water Law—Burden of Proof

Centennial Water and Sanitation District (Centennial) appealed from a water court order dismissing its objection to the Well Augmentation Subdistrict’s (WAS) proposal to use additional sources of replacement water for its previously decreed augmentation plan. Centennial had asserted that WAS failed to comply with the notice requirements of the decree itself and that this failure amounted to a per se injury, for which it was entitled to relief without any further showing of operational effect. The water court heard Centennial’s motion objecting to WAS’s proposed addition of new sources of replacement water and, without requiring WAS to present evidence, found that Centennial failed to establish prima facie facts of WAS’s inability to deliver augmentation water in quantity or time to prevent injury to other water users. Referencing C.R.C.P. 41 as the appropriate procedural vehicle, the water court dismissed Centennial’s objection.

The supreme court affirmed. Exercise of the water court’s retained jurisdiction was statutorily limited to preventing or curing injury to other water users, and the evidence presented by Centennial failed to establish that WAS would be unable, under the conditions imposed by the engineer for approval of the additional sources of replacement water, to deliver augmentation water sufficient to prevent injury to other water users. Accordingly, the water court’s dismissal of Centennial’s objection was proper.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 2/20/2019

On Wednesday, February 20, 2019, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

United States v. Soto-Cruz

United States v. Neely

United States v. Soto-Soto

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