Winter 2021

Features

Trial Practice

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?

Access to Justice

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.

Evidence

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.

Professional Development

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.

Columns

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.

Trial Practice

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.

Evidence

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.

First Amendment

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.

First Amendment

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.

Model Rules of Professional Conduct

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.

Headnotes

Courts & Judiciary

Lessons from My Grandmother

Clara Spera

Justice Ginburg's granddaughter writes about her life and influence.