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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. […] -
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 […] -
If They Don’t Like You They Won’t Hear You: An Essay on Persuasive Communication
by Steven E. Perkel, DSW, LCSWPosted on May 1, 2010 | 3 CommentsTwenty-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 […] -
Editor’s Note
by Rita Handrich, EditorPosted on May 1, 2010 | No CommentsEditor’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); […] -
May 2010′s Favorite Thing(s)
by The Jury ExpertPosted on May 1, 2010 | No CommentsJill 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 […] -
Courtroom Nostalgia: The Rural American Courthouse
by American Society of Trial Consultants membersPosted on May 1, 2010 | No CommentsMembership 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 […] -
The Rules Don’t Apply to Me
by Beth FoleyPosted on March 1, 2010 | 4 CommentsThe 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 […] -
East Texas Jurors and Patent Litigation
by Julie Blackman, Ph.D. and Ellen Brickman, Ph.D. and Corinne BrennerPosted on March 1, 2010 | 2 CommentsIn 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 […] -
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.Posted on March 1, 2010 | 3 CommentsDespite 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 […] -
The Use of Technology to Enhance Communication Strategies in Litigation
by Susan Pennebaker, J.D.Posted on March 1, 2010 | 2 Comments"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 […]