Litigation Advocacy Archive

  • This year I’ve been asked to serve as an expert witness in two different capital cases in which the defense was concerned that the defendant would stand trial by an all-White (or nearly all-White) jury.  In both cases, the defendant was a Black man and his attorneys were concerned that […]

    On the Obstacles to Jury Diversity

    by Samuel R. Sommers, Ph.D. This year I’ve been asked to serve as an expert witness in two different capital cases in which the defense was concerned that the defendant would stand trial by an all-White (or nearly all-White) jury.  In both cases, the defendant was a Black man and his attorneys were concerned that […]

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  • What Is Anti-Muslim Bias? Imagine being a woman in your 70s bound to a wheel chair.  You have just lost your husband.  You are pleading with the justice system to enforce your rent control rights in an apartment where you have been paying rent, for over 20 years. You wear […]

    Strategies and Tactics for Addressing Anti-Muslim Bias in the Courtroom

    by Naveen Khan What Is Anti-Muslim Bias? Imagine being a woman in your 70s bound to a wheel chair.  You have just lost your husband.  You are pleading with the justice system to enforce your rent control rights in an apartment where you have been paying rent, for over 20 years. You wear […]

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  • Defense attorney Tom Martin1 had five days left to prepare and finalize his voir dire for a high stakes medical malpractice case. After over twenty-eight months of preparation, Tom was ready to rock and roll. “I’ve covered the bases on past medical experiences with illness or injury, sick and disabled at […]

    Managing Patriotic Prejudice when Representing Arab, Muslim or Middle Eastern Clients

    by Dennis C. Elias, Ph.D. Defense attorney Tom Martin1 had five days left to prepare and finalize his voir dire for a high stakes medical malpractice case. After over twenty-eight months of preparation, Tom was ready to rock and roll. “I’ve covered the bases on past medical experiences with illness or injury, sick and disabled at […]

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  • How do male and female jurors react to a woman who has been successful in a traditionally masculine domain?    Research in social psychology consistently finds that both males and females characterize women who have been successful in male-dominated fields as cold, unlikable businesswomen. However, the motivation behind this derogation […]

    Anticipate and Influence Juror Reactions to Successful Women

    by Elizabeth J. Parks-Stamm How do male and female jurors react to a woman who has been successful in a traditionally masculine domain?    Research in social psychology consistently finds that both males and females characterize women who have been successful in male-dominated fields as cold, unlikable businesswomen. However, the motivation behind this derogation […]

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  • Editors Note: Following publication of our September 2008 feature on the preparation of narcissistic witnesses, Doug Keene received queries about how to conduct cross-examination with a narcissistic witness. This brief article addresses questions on how to approach this challenging cross-examination process.    Have faith It is natural to fear that […]

    Cross-Examination of the Narcissistic Witness

    by Douglas L. Keene, Ph.D. Editors Note: Following publication of our September 2008 feature on the preparation of narcissistic witnesses, Doug Keene received queries about how to conduct cross-examination with a narcissistic witness. This brief article addresses questions on how to approach this challenging cross-examination process.    Have faith It is natural to fear that […]

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  • The Jury Judged:  A Book Review   American Juries:  The Verdict.  (2007).  Neil Vidmar and Valerie P. Hans.  Prometheus Books: New York.     American juries cannot stay out of the spotlight.  Go back before Scott Peterson.  Go back before the famous white Bronco.  Go back nearly one hundred fifty […]

    The American Jury: A Book Review

    by Kevin R. Boully, Ph.D. The Jury Judged:  A Book Review   American Juries:  The Verdict.  (2007).  Neil Vidmar and Valerie P. Hans.  Prometheus Books: New York.     American juries cannot stay out of the spotlight.  Go back before Scott Peterson.  Go back before the famous white Bronco.  Go back nearly one hundred fifty […]

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  •   Ain't no living in a perfect world. But we’ll keep on dreaming of living in a perfect world.– Huey Lewis   In a perfectly just world, jurors motivated by perfect justice would make consistently well-reasoned judgments based on the law, the evidence and unbiased wisdom. By contrast, “Just World […]

    Just World Jurors

    by Alison K. Bennett, M.S.   Ain't no living in a perfect world. But we’ll keep on dreaming of living in a perfect world.– Huey Lewis   In a perfectly just world, jurors motivated by perfect justice would make consistently well-reasoned judgments based on the law, the evidence and unbiased wisdom. By contrast, “Just World […]

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  • Many attorneys are masters of verbal presentation; however, in most litigation, words are no longer enough.  Jurors are reluctant to take anyone’s words at face value.1   When only listening to oral presentations, jurors develop unanswerable questions, suspicions or alternative explanations, of which neither they nor attorneys in the case […]

    The 3 Cs in Using Visual Communication to Tell Legal Stories: Communication, Credibility, and the Central Image

    by Amy Pardieck Many attorneys are masters of verbal presentation; however, in most litigation, words are no longer enough.  Jurors are reluctant to take anyone’s words at face value.1   When only listening to oral presentations, jurors develop unanswerable questions, suspicions or alternative explanations, of which neither they nor attorneys in the case […]

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  •   “It’s honestly the best class I have taken in law school. This class is preparing students to be lawyers, not just how to act like one or read cases.”  DePaul Law School student, 2008   “What you are providing to your students is important and inspirational. These future lawyers […]

    Lawyers Learning to Communicate

    by Patricia McEvoy, Ph.D.   “It’s honestly the best class I have taken in law school. This class is preparing students to be lawyers, not just how to act like one or read cases.”  DePaul Law School student, 2008   “What you are providing to your students is important and inspirational. These future lawyers […]

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  • Many understand the concept of venue — the place where a trial is to be held.  A change of venue is a popular strategic move, such as in the movie A Time to Kill where the defense attorneys seek, and are denied, a change of venue that would move a […]

    A Jury of Your Peers: Venue, Vicinage and Buffer Statutes

    by Jason C. Miller Many understand the concept of venue — the place where a trial is to be held.  A change of venue is a popular strategic move, such as in the movie A Time to Kill where the defense attorneys seek, and are denied, a change of venue that would move a […]

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