Edgar Davison

A running log of thoughts — legal, personal, and whatever else is on my mind.

The “As If” Principle: Change Your Behavior, Change Your Life

Insights from Richard Wiseman’s book, The As If Principle

The idea is simple: instead of waiting to feel a certain way before you act, flip the script. Act as if you're already confident, happy, calm, motivated—whatever it is you’re aiming for—and your feelings will eventually catch up. This isn’t just motivational talk. Wiseman backs it with research.

Here are the key takeaways, in plain language:

Happiness

• If you want to feel happier, don’t overthink it—act like someone who’s already happy. • Smile, walk with purpose, use upbeat language, and do things you associate with joy. • Your body tells your brain how to feel, and this feedback loop is surprisingly powerful.

Love and Relationships

• Acting like you’re in love can actually make you feel it. • Touch, playful behavior, and mimicking what happy couples do can reignite or create attraction. • Even strangers asked to play “as if we’re a couple” exercises reported feeling closer.

Anger and Calm

• Venting doesn’t calm you down—it keeps you angry. • Instead, act as if you’re calm: slow your breathing, lower your voice, relax your body. • You’ll start to feel the calm you’re modeling.

Guilt

• Washing your hands, taking a shower, or otherwise physically cleansing yourself can reduce feelings of guilt. • Acting “clean” helps you feel morally cleaner. It’s symbolic, but effective.

Depression

• Depressive behavior often involves withdrawal. The antidote is action. • Smile, move your body, get outside. • Behavior change can be as effective as medication or therapy in lifting mood.

Motivation and Willpower

• Motivation doesn’t come first—action does. Start the task, even if only for a few minutes. • Sit up straight, raise your monitor, cross your arms—these postures increase persistence. • Tense a muscle (like making a fist) to boost willpower in the moment. Eating and Weight Loss • Push unhealthy food away; pull healthy food close. Physical actions shape choices. • Use your non-dominant hand to eat—it slows you down and makes eating more intentional. • Eat without distractions, and be fully present with your food.

Habit Change

• Want to be a reader, runner, or early riser? Act like one. • Don’t wait for the feeling. The behavior itself builds the identity. • You’re not faking it—you’re becoming it.

Confidence

• Adopting a “power pose” for even a minute raises testosterone and lowers stress. • Sit or stand with authority. Dress well. Speak clearly. • These actions change how you feel about yourself—and how others see you.

Persuasion and Influence

• Nod when speaking. People are more likely to agree with you. • Offer warm drinks or create a cozy environment—it makes people more receptive. • When people act in ways consistent with a belief, they tend to adopt that belief.

Personality and Identity

• Act extroverted, and you’ll start to feel more outgoing. • Clothing affects self-perception. Dress sharp, and you see yourself differently. • Your posture, tone, and actions shape your identity far more than you think.

Ten Fast Hacks from Wiseman's Research

  1. Push temptation away—physically move it farther from you.
  2. Eat with your non-dominant hand to become mindful.
  3. Make a fist to increase willpower.
  4. Sit upright and cross arms for persistence.
  5. Power pose to boost confidence.
  6. Start a task for two minutes to beat procrastination.
  7. Walk in curvy, random paths to stimulate creativity.
  8. Nod to create agreement.
  9. Warm drinks and soft chairs build rapport.
  10. Wash hands or shower to reduce guilt.

Final Thought

Wiseman’s research shows that we don’t have to wait to feel better in order to do better. Acting “as if” gives us agency. It’s not about pretending or faking—it’s about training the mind through the body. Behavior shapes emotion. Motion creates emotion.

Instead of asking, “How do I feel?” ask, “What would the best version of me do right now?” Then do that. The rest will follow.

💸 Who Pays the Freight?

The Surprisingly Wild—and All-Too-Common—World of Freight Charge Fiascos By Edgar Davison

Carriers: ever hauled a load, delivered it clean, and still didn’t get paid? You’re not alone. In the wild world of freight, this is more common than you think. And while it may feel unfair, there’s good news—you may still have a strong legal right to collect. Courts across the country have spoken, and they’ve been clear: if you did the work, someone still has to pay. Let’s break down how this happens, what the law says, and how carriers can push back and get paid.

🎯 What Is Double Payment? Here’s the scenario: 1. A shipper hires a broker. 2. The broker hires you, the carrier. 3. You haul the load and deliver on time. 4. The shipper pays the broker. 5. The broker disappears (or files bankruptcy) without paying you. 6. You ask the shipper for payment. 7. The shipper says, “I already paid the broker. Not my problem.” Legally? It is their problem. This situation is called “double payment.” The shipper has to pay twice: once to the broker, and again to the carrier who actually did the work. Why? Because the carrier is entitled to compensation under the bill of lading contract—and courts overwhelmingly hold that the shipper (or consignee) bears the risk of broker non-payment.

⚖️ What the Courts Say: Key Cases That Back Up Carriers 📌 Oak Harbor Freight Lines, Inc. v. Sears Roebuck & Co., 513 F.3d 949 (9th Cir. 2008) The Ninth Circuit held that even though the broker agreed to pay the carrier, Sears remained liable under the bill of lading. The court ruled that “payment to a broker does not discharge the shipper’s obligation to the carrier unless the carrier expressly agreed to release the shipper” (id. at 954).

📌 Excel Transp. Servs., Inc. v. CSX Lines, LLC, 280 F. Supp. 2d 617 (S.D. Tex. 2003) The shipper paid a forwarder, who failed to pay the carrier. The court ruled the shipper was still liable: “As between an innocent carrier and an innocent shipper, the law places the risk of broker nonpayment on the shipper.” (Id. at 619.)

📌 Ranger Transp., Inc. v. Wal-Mart Stores, Inc., 903 F.2d 1185 (8th Cir. 1990) Ranger warned Wal-Mart that the broker wasn’t paying. Wal-Mart kept paying the broker. The court held Wal-Mart liable for the unpaid charges, reasoning that once warned, the shipper bears the consequences (Id. at 1188).

📌 Spedag Americas, Inc. v. Peters Hosp. & Ent. Grp., LLC, No. 07-21910-CIV, 2008 WL 3889551 (S.D. Fla. 2008) Even though the consignees paid a broker who later filed bankruptcy, the court held them jointly liable to the carrier, reinforcing that payment to an intermediary doesn’t cut off liability unless the carrier has released the shipper.

📌 Harms Farms Trucking v. Woodland Container, No. 8:05CV390, 2006 WL 3483920 (D. Neb. 2006) The court held Kawasaki, the consignee, liable for unpaid charges—even though it had paid the shipper—because the carrier had not been paid and the load was delivered.

📌 National Shipping Co. of Saudi Arabia v. Omni Lines, Inc., 106 F.3d 1544 (11th Cir. 1997) The Eleventh Circuit explained that the bill of lading is a contract between carrier and shipper. If the carrier isn’t paid, the shipper remains liable unless it got an explicit release from the carrier (Id. at 1547).

🧠 Bottom Line for Carriers The legal system is overwhelmingly on the side of the carrier when payment falls through due to a failed broker. The key principles are: • The bill of lading is a contract. • The carrier who performs the service has a right to payment. • If the shipper chose a bad broker, that’s the shipper’s risk—not the carrier’s. Courts have rejected estoppel arguments, “I already paid,” and “that’s not my problem” defenses over and over again. If the freight moved, you are owed compensation.

✅ What Carriers Should Do Next If this has happened to you—if you've been ghosted after delivery—don’t write it off as a loss. You may be entitled to collect directly from the shipper or consignee, depending on the facts and how the bills of lading and contracts were executed. Your delivery, your driver’s signature, and your paperwork may be all you need.

📞 Questions or Claims? I'm here to help. Edgar Davison, Attorney at Law 📍 6000 Poplar Ave, Suite 250, Memphis, TN 📧 edgar@davisonlawfirm.net 📞 (901)230-7749 If you’re a carrier looking to recover what you're owed, I can walk you through your options and help you assert your legal rights. You moved the load. You deserve to get paid.