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Litigation Advocacy Archive
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Panic Over the Unknown: America Hates Atheists
by Douglas L. Keene, Ph.D. and Rita R. Handrich, Ph.D.Posted on March 1, 2010 | 24 Comments"If 'Guess Who's Coming to Dinner' was remade today, the 'shocking' guest would no longer be a highly accomplished, educated and sophisticated black man (Sidney Poitier) but a highly accomplished, educated and sophisticated atheist."1 "The prisons are probably filled with people who don't have any kind of a spiritual or […] -
16 Simple Rules for Better Jury Selection
by Mark Bennett, J.D.Posted on January 1, 2010 | 25 CommentsWhen a lawyer screws up jury selection, there is little hope for the rest of the trial. After watching many inauspicious jury selection efforts by prosecutors and criminal defense lawyers, I realized that I might be able to contribute to the state of practitioners' jury selection art by codifying a […] -
Damages: The Defense Attorney’s Dilemma
by Jeri KagelPosted on January 1, 2010 | 6 CommentsDilemma: a situation in which a difficult choice has to be made between two or more alternatives, especially undesirable ones. (Oxford American Dictionaries) In every serious injury or death case, defense counsel faces the dilemma of whether, and how, to confront the issue of damages. Talking to the jury […] -
Book Review: Principles and Practice of Trial Consultation, by Stanley L. Brodsky
by Kevin R. Boully, Ph.D.Posted on January 1, 2010 | 1 Comment"[Trial] consultants are best understood as allied with attorneys, avidly pursuing the goals of the side that has retained them." Dr. Brodsky allies trial consultants and attorneys at the outset of this straightforward text in his attempt to discourage stereotypes and affirmatively describe who trial consultants are and (some […] -
“Don’t Poke Scalia!” Lessons for Trial Lawyers from the Nation’s Highest Court
by Tara Trask and Ryan MalphursPosted on November 1, 2009 | 7 CommentsAs an institution, the Supreme Court stands apart from other courts in status, grandeur, and influence, representing both the power and idealism of law in America. For most lawyers, arguing before the Court is a rare opportunity and represents the pinnacle of a legal career, which would lead one to […] -
Anthropomorphism in Technical Presentations
by Jason BarnesPosted on September 1, 2009 | 7 CommentsMake technology come alive for your audience by giving it a voice. Anthropomorphism connects our everyday experience with the world of bits and bytes. -
Asking the Tough Questions: How to Examine a Child Witness in Sexual Abuse Cases
by Roger Arnold, M.A. and Renee C. Fields, L.S.C.S.W.Posted on May 1, 2009 | No CommentsIf all the world’s a stage, then surely the most important stage in this world is the courtroom! Lives hang in the balance, people are sent to jail or made to pay restitution, and people are vindicated. Who needs Reality TV? There is nothing more exciting than to be in […] -
The Key to Voir Dire: Use Your EAR
by Susie Macpherson and Jeremy Rose, Ph.D.Posted on May 1, 2009 | 6 CommentsWhen you sit down to draft a voir dire, the first questions that come to mind are usually those that deal with experiences similar to the facts of the case and the issues to be decided. In a medical negligence case, you need to know whether any of the jurors […] -
Grime and Punishment: How Disgust Influences Moral, Social and Legal judgments
by Yoel Inbar, Ph.D. and David Pizarro, Ph.D.Posted on March 1, 2009 | 7 CommentsWe experience a wide range of emotions every day: a bad mood because we skipped breakfast, anger because we got cut off in traffic, and even nostalgia from receiving an old picture of high school friends over email. To be sure, the insight that emotions influence judgment existed long before […]