Fall 2010
Issue Theme
Evolution"Evolution" refers to at least two things: the Darwinian theory of how life developed over millions of years, and the changes that people, places, and ideas undergo over much shorter periods of time. Each is relevant to us as litigators.
Featured Articles
Defending Darwin
A blow-by-blow account of how the lawyers tried—and won—the Scopes Monkey Trial of our day.
The Reasonable Person as Living Fossil
The "reasonable person," that fictitious being who informs many aspects of law, has undergone many changes over time.
The Evolution of Witness Preparation
Preparing a witness to testify at trial or at a deposition is not what it used to be.
Crawling Up onto Dry Land
Useful pointers and lessons learned for solo practitioners about everything from buying office supplies to hiring good help.
The Evolution of the Jury Trial in America
In various jurisdictions, a jury trial renaissance is taking place, pointing the trend toward increased juror participation.
The Evolved Appellate Brief
How do litigators turn one or a few good ideas into a finished and effective appellate brief?
Opening Statement
How Do We Do What We Do Better?
How often do we try to answer this question from our client's perspective?
From the Bench
Sentencing Beyond the Calculus
The term "mandatory guideline" is an oxymoron and reflects the Sentencing Reform Act of 1984's lack of a coherent intellectual core.
Legal Lore
Full Steam Ahead
The Clermont's momentous voyage up the Hudson River in August 1807 led to a historic Supreme Court battle over who had the power to regular navigation on U.S. waterways.
Sidebar
Getting Clients
So you wanna be a big shot, make the big bucks, have your mug on the cover of Super Lawyers.
Advance Sheet
End of the Nation State?
What gives a government the ability to tell you what to do, or to make decisions regarding you or your personal matters? Raw power.
Literary Trials
Literary Trials: First Catilinarian
The "conspiracy of Catiline" was put down by Cicero, who had uncovered the plot to assassinate him.
