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Litigation Advocacy Archive
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![In today's world of high stakes litigation, we have one question: Why wouldn't you use a shadow jury? It's very likely that your opponent is using one. What once was limited to the pages of a John Grisham novel is becoming more common in the courtroom. A shadow jury reduces […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/RudolphTraskspotlight-180x130.jpg "Out of the Shadows, Into the Jury Box")
Out of the Shadows, Into the Jury Box
by Alexandra Rudolph, M.S. and Tara TraskPosted on September 1, 2010 | 1 CommentIn today's world of high stakes litigation, we have one question: Why wouldn't you use a shadow jury? It's very likely that your opponent is using one. What once was limited to the pages of a John Grisham novel is becoming more common in the courtroom. A shadow jury reduces […] -
![Divorce is one of life's most stressful events, rated by some as more stressful than being fired, having a major personal injury or illness, or even going to jail. On top of the many life changes and uncertainties that come with divorce is the divorce process itself, multiplying stress with […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/BlountPrattdivorce-201x130.jpg "“I Hate That #@*%!”: Overcoming the He-Said She-Said Battle in Family Law Cases")
“I Hate That #@*%!”: Overcoming the He-Said She-Said Battle in Family Law Cases
by Andrea Blount, Ph.D. and Paula Pratt, J.D.Posted on September 1, 2010 | No CommentsDivorce is one of life's most stressful events, rated by some as more stressful than being fired, having a major personal injury or illness, or even going to jail. On top of the many life changes and uncertainties that come with divorce is the divorce process itself, multiplying stress with […] -
![For most technology, pharmaceutical and healthcare firms, patents and copyrights are the direct result of their research and development efforts and are vital to their revenues. The stock performance of these companies can be directly linked to the quality of their intellectual property portfolio (Dang, Lev, & Darin, 1999). To […]](https://www.thejuryexpert.com/wp-content/uploads/Rudich-1stockcodes-201x130.jpg "Wall Street’s Reaction to Jury Verdicts Involving Publicly-Traded Litigants")
Wall Street’s Reaction to Jury Verdicts Involving Publicly-Traded Litigants
by Eric Rudich, Ph.D.Posted on July 1, 2010 | No CommentsFor most technology, pharmaceutical and healthcare firms, patents and copyrights are the direct result of their research and development efforts and are vital to their revenues. The stock performance of these companies can be directly linked to the quality of their intellectual property portfolio (Dang, Lev, & Darin, 1999). To […] -
![In our quest to perfect our trial skills and improve outcomes, lawyers and trial consultants have, for at least 30 years, turned to science. Our understanding of it is incomplete and our implementation imperfect, yet we make progress. But sometimes our incomplete knowledge does a disservice, as does the treatment […]](https://www.thejuryexpert.com/wp-content/uploads/Holmquist-1lizard-201x130.jpg "The Reptile Brain, Mammal Heart and (Sometimes Perplexing) Mind of the Juror: Toward a Triune Trial Strategy")
The Reptile Brain, Mammal Heart and (Sometimes Perplexing) Mind of the Juror: Toward a Triune Trial Strategy
by Jill P. Holmquist, J.D.Posted on July 1, 2010 | 6 CommentsIn our quest to perfect our trial skills and improve outcomes, lawyers and trial consultants have, for at least 30 years, turned to science. Our understanding of it is incomplete and our implementation imperfect, yet we make progress. But sometimes our incomplete knowledge does a disservice, as does the treatment […] -
![A litigator who uses probabilistic arguments to his advantage has a powerful and persuasive tool at his disposal. Even an elementary knowledge of probabilistic thinking and knowing when to and when not to employ probabilistic principles can make the difference between convincing a jury of a statement's truth versus allowing […]](https://www.thejuryexpert.com/wp-content/uploads/Denis-1cointoss-201x130.gif "Persuading with Probability: The Prosecution of O.J. Simpson")
Persuading with Probability: The Prosecution of O.J. Simpson
by Daniel J. Denis, Ph.D.Posted on July 1, 2010 | 8 CommentsA litigator who uses probabilistic arguments to his advantage has a powerful and persuasive tool at his disposal. Even an elementary knowledge of probabilistic thinking and knowing when to and when not to employ probabilistic principles can make the difference between convincing a jury of a statement's truth versus allowing […] -
![INTRODUCTION Some members of the trial bar have taken a keen interest in a model of trial advocacy that features manipulating jurors by fostering fear. What is this model? It claims you can predictably win a trial by speaking to, and scaring, the primitive part of jurors' brains, the part […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/allen-storybook-201x130.jpg "Atticus Finch Would Not Approve: Why a Courtroom Full of Reptiles Is a Bad Idea")
Atticus Finch Would Not Approve: Why a Courtroom Full of Reptiles Is a Bad Idea
by Stephanie West Allen, J.D. and Jeffrey M. Schwartz, M.D. and Diane Wyzga, R.N., J.D.Posted on May 1, 2010 | 32 CommentsINTRODUCTION Some members of the trial bar have taken a keen interest in a model of trial advocacy that features manipulating jurors by fostering fear. What is this model? It claims you can predictably win a trial by speaking to, and scaring, the primitive part of jurors' brains, the part […] -
![Jurors these days seem to make news almost as much for their misbehavior as for the decisions they make. First, there are a multitude of stories about jurors who refuse to follow the rules and use Google to satisfy their curiosity or hop on Facebook to share their opinions with […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/renaud-jury-deliberation-201x130.jpg "The Biggest Bully In the Room")
The Biggest Bully In the Room
by Trisha RenaudPosted on May 1, 2010 | 13 CommentsJurors these days seem to make news almost as much for their misbehavior as for the decisions they make. First, there are a multitude of stories about jurors who refuse to follow the rules and use Google to satisfy their curiosity or hop on Facebook to share their opinions with […] -
![In covering the infamous Duke lacrosse case, journalists received enormous criticism for the way they allegedly convicted the defendants in the press. Yet the practice is hardly unusual. Standard media routines and practices often contribute to undermining the presumption of innocence, particularly with high profile crimes. Still, in other respects […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/entman-duke-lacrosse-201x130.jpg "Less Bad News: What Defense Advocates Can Learn from the Duke Lacrosse Case")
Less Bad News: What Defense Advocates Can Learn from the Duke Lacrosse Case
by Robert M. Entman, Ph.D. and Kimberly A. Gross, Ph.D.Posted on May 1, 2010 | No CommentsIn covering the infamous Duke lacrosse case, journalists received enormous criticism for the way they allegedly convicted the defendants in the press. Yet the practice is hardly unusual. Standard media routines and practices often contribute to undermining the presumption of innocence, particularly with high profile crimes. Still, in other respects […] -
![During a recent visit to the Supreme Court I was fortunate enough to witness Justice Breyer grabbing breakfast from the Court's cafeteria. He moved quietly through the public who largely remained unaware of his presence except for the handful of law students and Court watchers who gawked at his arrival. […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/malphurs-supreme-court-201x130.jpg "Beneath the Robes and Behind Closed Doors: Why Supreme Court Justices Behave as Jurors")
Beneath the Robes and Behind Closed Doors: Why Supreme Court Justices Behave as Jurors
by Ryan A. Malphurs, Ph.D.Posted on May 1, 2010 | 2 CommentsDuring a recent visit to the Supreme Court I was fortunate enough to witness Justice Breyer grabbing breakfast from the Court's cafeteria. He moved quietly through the public who largely remained unaware of his presence except for the handful of law students and Court watchers who gawked at his arrival. […] -
![Historically, Jury Size Mattered The right to trial by jury resides deep in the American psyche. It ranks right up there with Mom, apple pie, and the First Amendment. Indeed, a 2006 survey found that more than half of Americans thought the right to jury trials was found in the […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/holmquist-6-chairs-201x130.jpg "Does Jury Size Still Matter? An Open Question")
Does Jury Size Still Matter? An Open Question
by Jill P. Holmquist, J.D.Posted on May 1, 2010 | 1 CommentHistorically, Jury Size Mattered The right to trial by jury resides deep in the American psyche. It ranks right up there with Mom, apple pie, and the First Amendment. Indeed, a 2006 survey found that more than half of Americans thought the right to jury trials was found in the […]