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  • 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. […]

    Beneath the Robes and Behind Closed Doors: Why Supreme Court Justices Behave as Jurors

    by Ryan A. Malphurs, Ph.D. 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. […]

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  • 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 […]

    Does Jury Size Still Matter? An Open Question

    by Jill P. Holmquist, J.D. 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 […]

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  • Twenty-three hundred years ago in Rhetoric, Aristotle wrote that persuasive speech was dependent on three variables: the speaker, the subject matter, and the listener. More specifically, Aristotle taught us that three key issues impact persuasiveness; the character of the speaker or Ethos, the veracity of the argument itself, Logos, and […]

    If They Don’t Like You They Won’t Hear You: An Essay on Persuasive Communication

    by Steven E. Perkel, DSW, LCSW Twenty-three hundred years ago in Rhetoric, Aristotle wrote that persuasive speech was dependent on three variables: the speaker, the subject matter, and the listener. More specifically, Aristotle taught us that three key issues impact persuasiveness; the character of the speaker or Ethos, the veracity of the argument itself, Logos, and […]

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  • Editor’s Note    Welcome to the May 2010 issue of The Jury Expert! It’s spring (although in Texas it definitely feels like summer)!  This issue we have reptiles in the courtroom (and in a departure from tradition, we have four trial lawyers responding to the article rather than trial consultants); […]

    Editor’s Note

    by Rita Handrich, Editor Editor’s Note    Welcome to the May 2010 issue of The Jury Expert! It’s spring (although in Texas it definitely feels like summer)!  This issue we have reptiles in the courtroom (and in a departure from tradition, we have four trial lawyers responding to the article rather than trial consultants); […]

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  • Jill D. Schmid, Ph.D., a consultant with Tsongas Litigation Consulting, specializes in the creation and implementation of effective communication strategies, and the design and analysis of research for complex, civil litigation nationwide.  My new favorite thing (along with millions of others) is my iPad. It means I don't have to […]

    May 2010′s Favorite Thing(s)

    by The Jury Expert Jill D. Schmid, Ph.D., a consultant with Tsongas Litigation Consulting, specializes in the creation and implementation of effective communication strategies, and the design and analysis of research for complex, civil litigation nationwide.  My new favorite thing (along with millions of others) is my iPad. It means I don't have to […]

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  • Membership in the American Society of Trial Consultants gives access to a collegial email list where members are able to ask questions and share experiences. This week a discussion began on rural courthouses without metal detectors even in this post 9-11 era. As members began to share their experiences in […]

    Courtroom Nostalgia: The Rural American Courthouse

    by American Society of Trial Consultants members Membership in the American Society of Trial Consultants gives access to a collegial email list where members are able to ask questions and share experiences. This week a discussion began on rural courthouses without metal detectors even in this post 9-11 era. As members began to share their experiences in […]

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  • The Rules Don't Apply to Me Beth Foley   Americans have been bombarded with examples of powerful people acting like the rules don't apply to them. From governors to corporate executives to athletes–there seems to be a new example of poor judgment every week. Is there an upward trend in […]

    The Rules Don’t Apply to Me

    by Beth Foley The Rules Don't Apply to Me Beth Foley   Americans have been bombarded with examples of powerful people acting like the rules don't apply to them. From governors to corporate executives to athletes–there seems to be a new example of poor judgment every week. Is there an upward trend in […]

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  • In the past ten years, the Eastern District of Texas has become a wildly popular venue for plaintiffs in patent cases. This has been attributed to a number of factors including judicial expertise, plaintiff-friendly local rules, speedy dispositions and jurors who are predisposed to find for plaintiffs and award large […]

    East Texas Jurors and Patent Litigation

    by Julie Blackman, Ph.D. and Ellen Brickman, Ph.D. and Corinne Brenner In the past ten years, the Eastern District of Texas has become a wildly popular venue for plaintiffs in patent cases. This has been attributed to a number of factors including judicial expertise, plaintiff-friendly local rules, speedy dispositions and jurors who are predisposed to find for plaintiffs and award large […]

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  • Despite the legal system's conventional story that our judicial process is devoid of emotions and based on pure reason (Bandes, 1999), attorneys have intuited the role of emotion in jurors' verdict decisions. Attorneys attempt to elicit emotions in jurors during opening and closing statements, or through the use of emotionally […]

    Unintended Consequences of Toying with Jurors’ Emotions: The Impact of Disturbing Emotional Evidence on Jurors’ Verdicts

    by Jessica M. Salerno and Bette L. Bottoms, Ph.D. Despite the legal system's conventional story that our judicial process is devoid of emotions and based on pure reason (Bandes, 1999), attorneys have intuited the role of emotion in jurors' verdict decisions. Attorneys attempt to elicit emotions in jurors during opening and closing statements, or through the use of emotionally […]

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  • "We test communication by conveying a message and having the recipient understand it, be interested in it and remember it. Any other measure is unimportant."  — Richard Saul Wurman, Information Anxiety, 1990   The Urgency of Now   When an important event happens anywhere in the world today, the speed […]

    The Use of Technology to Enhance Communication Strategies in Litigation

    by Susan Pennebaker, J.D. "We test communication by conveying a message and having the recipient understand it, be interested in it and remember it. Any other measure is unimportant."  — Richard Saul Wurman, Information Anxiety, 1990   The Urgency of Now   When an important event happens anywhere in the world today, the speed […]

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