Everyone lives by rules; some are actually codified or otherwise written down, but others are just understood and part of our culture. As lawyers, we live by more rules than most: substantive, procedural, ethical, and the more variable personal and professional rules that we set for ourselves. This issue is organized around rules—how to work within and around them.
Before becoming the second woman to serve on the nation’s highest court, Ruth Bader Ginsburg litigated many of the cases that led to women’s full participation in civic life.
Most litigators probably don’t pay much attention to the pitch, pace, or volume of our voices.
Times are changing, and litigators’ rules have not kept pace with the many aspects of technology that have revolutionized our lives.
Cross-examination is often called an “art,” and there aren’t supposed to be any rules in art. But an expert cross-examiner does follow certain rules-of-thumb.
While we want to keep jurors away from their electronic devices, we do our clients a disservice if we don’t put technology to work on their behalves.
Among the Federal Rules of Civil Procedure, one of the most fought over is Rule 12, which governs dismissals.
The point of rules is to facilitate civilized interactions and resolutions (that’s why nothing is as frustrating as bureaucratic rules that seem pointless and arbitrary).
What's a lawyer to do when confronted with authority that hurts her position?
You never know what may happen at oral argument, no how hard you have prepared.
We are all affected by unconscious biases that have developed over time.
In February 1942, President Roosevelt signed Executive Order 9066, which delegated to military commanders the power to relocate persons of Japanese ancestry living in the United States.
The idea is to destroy—credibility, confidence, demeanor. Rapid-fire, pointed questions to rattle.
Nearly all members of the jury thought former Illinois Governor Rod Blagojevich guilty. But don't for a minute think that this should be enough to condemn him.
The Arbitration, by the Greek playwright Menander, may be the first dramatization of a formal arbitration in western literature.