Winter 2013 Vol. 39 No. 1
Features
Judge Jack Weinstein on Life and LawLitigation interviews one of the most renowned judges in the history of the federal judiciary.
Sun Tzu and the Art of Trial
Sun Tzu’s words for warriors apply equally to preparing for the conflict of trial.
Sua Sponte A Judge Comments
A judge points out differences—and some similarities—between trial and war.
No Good Deed Goes Unrewarded: Why Professional Courtesy Advances Your Client’s Cause
Extending professional courtesies is a smart litigation strategy that conserves client resources.
Attorneys Help Parents Keep Families Intact Amid Misplaced Child Protection Allegations
Many parents are wrongly accused of child endangerment; clearing them requires an unusual combination of legal expertise from many fields of law.
The Litigator’s Role in the World Bank’s Fight Against Fraud and Corruption
What today’s litigators need to know about debarment, illustrated by an examination of the World Bank’s administrative sanctions process.
Another Bite at the Apple: Transnational Crimes Face Repeat Punishment
Litigation takes a look at carbon copy prosecutions, in which multiple countries punish the same transnational conduct.
Limiting Liability for Crimes Committed Abroad
“Double jeopardy” has no standard international meaning.
The Courage of a Lawyer
Courage is the defining quality of great lawyers. How can we learn it and from whom?
Columns
OPENING STATEMENT: The Black Box
Most trial work has much in common with the intimacy of performing on a small stage.
FROM THE BENCH: Grappling with Liberia’s Legal Issues
An American judge travels into the heat and confusion of Liberia with Lawyers Without Borders.
iWITNESS: The Admissibility of Social Media Evidence
Behind the mad dash to introduce social media evidence lies potentially complex issues of authentication and hearsay.
ON THE PAPERS: Who Done It? Controlling Agency in Legal Writing—Part I
A discussion of how to direct an audience’s perception of who did what at the level of sentences and clauses.
ADVANCE SHEET: Partnership Blues
Partnership obligations are serious and exacting, but few lawyers think about them anymore.
Sidebar: Mediation
Mediation settles cases efficiently and frugally. Here are a few guidelines for doing it well.
GLOBAL LITIGATOR: Understanding Foreign States’ Mandatory Corporate Social Responsibility Reporting
Disclosure is the name of the game in this growing area.
SCRUPLES: Communicating with an Unrepresented Adversary
A brief examination of what a lawyer can and can’t do in this situation.
