As the potential juror sits with the others in the courtroom, the thoughts running through his head might go something like this: “I am being tested on whether I qualify for jury duty…so if that’s what I want, it means giving...more
Juneteenth is now a federal holiday, and even as many would prefer action on voting rights protection, equal access to education and healthcare, and police reform, the symbol is still important. It highlights both the...more
A courtroom process is supposed to be formal and solemn. The habits of delivering justice in person, through decorum and civic ritual, are designed to evoke a deference to the rule of law. When conducted remotely using a...more
As we enter Pride Month, it’s a good time to reflect on where we are. President Biden recently announced a renewed push for full legal equality for LGBTQ individuals, but that takes place against a background of continuing...more
In the lead-up to trial, a good trial lawyer has many checklists. Some deal with motions to the court. Some deal with disclosure deadlines, some with witness notifications. In this article, I would like to address the broader...more
During the ongoing pandemic, courts have been understandably reluctant to invite large numbers into their chambers for trial, and particularly for jury selection. That situation has driven renewed consideration of...more
As a defendant thinking about your risk in the run up to civil trial, you probably have some idea of what your case is worth. But you also know, and have likely used, the expression, “Anything is possible with a jury.” There...more
What drives the motivation to not just compensate but to punish? When it comes to considering the purpose and amount of legal damages, the defense will predictably want a jury that, if they get to that stage at all, is...more
We’ve now had quite some time to settle into the coronavirus and its social restrictions. If you are like me, you might have even developed a twitch every time you hear the phrase “New normal.” We know that we are living in...more
In recent days, I’ve been thinking about all of the “QAnon” followers, and how and whether they are reconciling recent events with their belief in Donald Trump’s role in purging the top echelons of politics and society before...more
Artificial Intelligence (AI) continues to evolve and to incorporate its way into our lives. Versions of AI now routinely tell Americans where to eat, what routes to take, and what movies to watch. Artificial Intelligence is...more
With the coronavirus pandemic infections and deaths once again surging back to peak levels, it is an odd juxtaposition that people seem to be getting out and about at increasing rates. Still, I’ve often heard after someone...more
It’s an implicit mistake that lawyers can sometimes make. They’ll tacitly believe and behave as though, “Reasonable people think like I do.” The trouble is, that isn’t true. Other lawyers think like you do, but lawyers have...more
There is one question that is particularly important in the context of current high-profile jury trials in the midst of the continuing pandemic, but the question really applies to all trials: Why would we gather large numbers...more
We know that perceptions of facts can be filtered by a strong partisan lens. Differing narratives regarding the recent election of Joe Biden and Kamala Harris have brought that into sharp relief. While a majority of Americans...more
Many Republicans believe that President Trump lost the election only due to widespread and systemic voter fraud. When Georgia’s Republican Secretary of State, Brad Raffensperger, a Trump voter and donor, says that Democrat...more
It is becoming axiomatic that you can’t talk people out of hardened views. Particularly on political subjects; the common view is that we are in a “post-persuasion” era. Perhaps that depressing assumption explains why I was...more
The 2020 election seems to be nearing the end of the vote-counting phase, with the final ballots in Nevada, Arizona, and Pennsylvania being tallied as I write. But one clear loser is already evident: the preelection polls....more
A couple of months ago, I helped to run the Online Courtroom Project’s demonstration jury trial using Zoom. Like a number of other experiments and actual trials going forward across the country, jurors showed up via laptop...more
The Reptile approach of trying plaintiffs’ cases by framing them in terms of personal safety is no longer a new idea. Plaintiffs’ attorneys are also less likely to treat that approach as a cure-all in every trial. But the...more
It is obvious that we live in a time of extraordinary polarization, and we are in the midst of an election that is bringing that schism into even starker contrast. Red and blue Americans differ in our demographics, our...more
There’s something that judges will often tell potential jurors at the start of the voir dire process: “We know jury duty is an inconvenience, but it is a necessary duty.” But what if it is more than an inconvenience? What if...more
Ms. Gray, if you were selected for this jury, do you believe that your experiences or views would bias you in any way against my client?
There is a predictable answer from Ms. Gray: No, I would not be biased, or I feel...more
We are, of course, still in the midst of the pandemic, and if the question is, “How are people feeling about that?” there is not just one answer. There isn’t even a good answer that can be accurately expressed as an average....more
Society changes: leaders come and go, the economy goes up and down, wars start and end, and now, medical emergencies arrive and (hopefully soon) depart. But through all of that, for the 12 years we’ve measured it, one thing...more
8/20/2020
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