Litigation & Trials Propensity—Persuasion and Prejudice David Eskew and Paul Murphy A look at “other acts” evidence.
Pretrial Practice & Motions “Plausible” Deniability: What Is Required to Overcome a Motion to Dismiss Under the Modern Pleading Regime? Michael J. Miarmi What is required to overcome a motion to dismiss under the modern pleading regime?
Civil Rights & Constitution Federal Habeas Corpus Review Is Broken Jonathan Potts, Charles Weiss, and Stephen Snodgrass The focus needs to return to the central purpose of the justice system: protecting the innocent.
Trial Practice Give the Jury What It Wants: Decision-Making in Trial Practice Chris Patton and John Adams Jurors are often caught between two human modes of thought.
Lawyer Wellness Conversations: We Should Be Having Laura Becking, Laura Metzger, Leah Sanzari, and Rachelle Navarro Four litigators discuss how to succeed as a female attorney while still getting what they want out of the rest of their lives.
Litigation & Trials Respect James A. Reeder Jr. Respect is at the core of who you are and what you do every day.
Europe Attorney-Client Privilege Challenges in International Investigations Francesca Fulchignoni Work-product and privilege protections can break down due to differences between U.S. and foreign laws.
Litigation & Trials Lincoln’s Second Inaugural Address George D. Gopen Lincoln was at the top of his game in manipulating the language in two different but complementary ways.
Trial Practice Burdens of Proof or Burdens on Truth? Kenneth R. Berman It seems that our civil justice system has developed procedural rules of convenience that are not driven by truth-finding or fairness.
Litigation & Trials Can’t Swim? The Jump Will Kill You Robert E. Shapiro Without a general kind of return to a more thoughtful and carefully grounded quest for information, we are all very much at risk, liberals and conservatives alike.
Litigation & Trials The Pentagon Papers Kenneth P. Nolan The many lessons learned by a future lawyer as he watched the famous legal struggle from inside the New York Times.
Ethics Unsolicited Client Information, Potential Clients, and “Taint Shopping” Michael Downey It usually takes consent from both the attorney and the potential client to form an attorney-client relationship.
Courts & Judiciary Lessons from My Grandmother Clara Spera Justice Ginburg's granddaughter writes about her life and influence.
Courts & Judiciary Reflections on Justice Ruth Bader Ginsburg Hon. M. Margaret McKeown A friend and former student offers a tribute to the late Justice.
Remembrance of Steve Susman Parker Folse A partner at the legal icon's eponymous firm writes about Susman's drive to mentor young lawyers and preserve jury trials.