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Vol. 22/No. 1 January 2010 Archive
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!["It's the same thing going on with America these days. It's big business. They just don't care…It felt like they thought they were bigger than the law." – Juror in i4i v. Microsoft patent case – IP Law and Business The Knights of Columbus was […]](https://thejuryexpert.com/wp-content/uploads/2011/01/gabriel-1-180x130.jpg "Enron to Broadcom: Defending Companies in Court After a Decade of Corporate Scandals")
Enron to Broadcom: Defending Companies in Court After a Decade of Corporate Scandals
by Richard GabrielPosted on January 1, 2010 | 1 Comment"It's the same thing going on with America these days. It's big business. They just don't care…It felt like they thought they were bigger than the law." – Juror in i4i v. Microsoft patent case – IP Law and Business The Knights of Columbus was […] -
![When 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 […]](https://thejuryexpert.com/wp-content/uploads/bennettrule8-109x130.jpg "16 Simple Rules for Better Jury Selection")
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 […] -
![Dilemma: 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 […]](https://thejuryexpert.com/wp-content/uploads/2011/01/kagel-1-201x130.jpg "Damages: The Defense Attorney’s Dilemma")
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 […] -
![Law has traditionally been about words: trial testimony and oral argument, statutes and judicial opinions, negotiations and jury deliberations. Now, as never before, it's also about pictures displayed on screens: dashboard camera videotapes, digitally enhanced photos, computer animations, and multimedia displays combining photos and videos, drawings and diagrams, and more. […]](https://thejuryexpert.com/wp-content/uploads/cartoon-brooks-response-150x130.jpg "Law on Display")
Law on Display
by Neal Feigenson and Christina SpieselPosted on January 1, 2010 | 5 CommentsLaw has traditionally been about words: trial testimony and oral argument, statutes and judicial opinions, negotiations and jury deliberations. Now, as never before, it's also about pictures displayed on screens: dashboard camera videotapes, digitally enhanced photos, computer animations, and multimedia displays combining photos and videos, drawings and diagrams, and more. […] -
![During cross-examination, a key witness in a recent securities fraud trial was grilled: Q. How about your jury consultant, the consultant that you described, the jury consultant, is he here now? A. Yes. Q. Where? A. In the back [of the] room. Q. Man with the gray beard? A. Sorry? […]](https://thejuryexpert.com/wp-content/uploads/2011/01/perrot-4-201x130.jpg "Out and Proud: Ethical and Legal Considerations in Retaining a Trial Consultant to Assist with Witness Preparation")
Out and Proud: Ethical and Legal Considerations in Retaining a Trial Consultant to Assist with Witness Preparation
by David A. Perrott, LLB, Ph.D. and Daniel Wolfe, J.D., Ph.D.Posted on January 1, 2010 | 1 CommentDuring cross-examination, a key witness in a recent securities fraud trial was grilled: Q. How about your jury consultant, the consultant that you described, the jury consultant, is he here now? A. Yes. Q. Where? A. In the back [of the] room. Q. Man with the gray beard? A. Sorry? […] -
![Editor Note: As a means of illustrating specifically 'how' to prepare a witness for the 'prep' question, Bill Grimes offers this brief practice-oriented piece. Despite the exposing of Jeff Skilling's jury consultant while he was on the stand in his 2006 Enron fraud trial,1 and a federal judge's ruling in […]](https://thejuryexpert.com/wp-content/uploads/2011/01/grimes-2-152x130.jpg "The “Prep” Question")
The “Prep” Question
by Bill GrimesPosted on January 1, 2010 | 3 CommentsEditor Note: As a means of illustrating specifically 'how' to prepare a witness for the 'prep' question, Bill Grimes offers this brief practice-oriented piece. Despite the exposing of Jeff Skilling's jury consultant while he was on the stand in his 2006 Enron fraud trial,1 and a federal judge's ruling in […] -
![Due to the number of organizations beginning to see the value in a diverse workforce, more and more organizations are employing affirmative action policies. Of course, with the employment of such practices, issues of race and racial discrimination are becoming much more prevalent. As a result, a surge of research […]](https://thejuryexpert.com/wp-content/uploads/2011/01/harrison-2-201x130.png "Colorism: The Often Un-discussed “-ism” in America’s Workforce")
Colorism: The Often Un-discussed “-ism” in America’s Workforce
by Matthew S. Harrison, Ph.D.Posted on January 1, 2010 | 8 CommentsDue to the number of organizations beginning to see the value in a diverse workforce, more and more organizations are employing affirmative action policies. Of course, with the employment of such practices, issues of race and racial discrimination are becoming much more prevalent. As a result, a surge of research […] -
!["[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 […]](https://thejuryexpert.com/wp-content/uploads/2011/01/brodsky-200x130.jpg "Book Review: Principles and Practice of Trial Consultation, by Stanley L. Brodsky")
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 […] -
![Every issue of The Jury Expert features a "favorite thing" from an ASTC member. We look for things we think would be useful (or that we have found useful) in litigation advocacy. A "favorite thing" is freely available on the internet and is practical, relevant or just plain fun. This […]](https://thejuryexpert.com/wp-content/uploads/2011/01/epodunk-logo-201x100.gif "January 2010′s Favorite Thing")
January 2010′s Favorite Thing
by The Jury ExpertPosted on January 1, 2010 | No CommentsEvery issue of The Jury Expert features a "favorite thing" from an ASTC member. We look for things we think would be useful (or that we have found useful) in litigation advocacy. A "favorite thing" is freely available on the internet and is practical, relevant or just plain fun. This […] -
![Wow. Every issue I say to myself "This is our best issue yet!". I'm saying it again. It's amazing to watch an issue come together and I am grateful to all our authors, consultant-authors and consultant-respondents for contributing to yet another terrific issue of The Jury Expert. We have articles […]](https://thejuryexpert.com/wp-content/uploads/tje4-201x123.png "Editor’s Note")
Editor’s Note
by Rita Handrich, EditorPosted on January 1, 2010 | No CommentsWow. Every issue I say to myself "This is our best issue yet!". I'm saying it again. It's amazing to watch an issue come together and I am grateful to all our authors, consultant-authors and consultant-respondents for contributing to yet another terrific issue of The Jury Expert. We have articles […]