First Impressions, Writing Your Brief's Introduction
Writing a powerful introduction will have allowed, even forced, you to think through your case, not to mention your adversary’s.
Litigation Journal | Fall 2020: Standards
Volume 47, Issue 1
Features
Proof at the Salem Witch Trials
Although we think that the Salem trials were a miscarriage of justice, even today we remain bewitched by “what everybody knows.”
The Only Way to Win
How to rise above the fray of everyday litigation and turn your mess of a case into a coherent, winning story for your judge or jury.
Affirmed: The Impact of Sandra Day O’Connor
Litigation Section Chair Barb Dawson and three of Justice O’Connor’s early clerks, all of whom share deep Arizona ties, met to discuss some of the effects of the Justice's life and work.
The Preclusive Effect of Arbitration Awards
As with litigated cases, both confirmed and unconfirmed arbitration awards sometimes can bar later claims and issues under traditional preclusion tests.
Election Law
The legal infrastructure of American democracy is in a perilous position heading into the fall election.
Barr Battles the Rule of Law
As the nation’s top law enforcement officer, the attorney general is responsible for representing the “People of the United States.” Early in his tenure, Barr jettisoned that role.
Columns
Weathering the Storms and Anticipating Post-Pandemic Changes
How to rise above the fray of everyday litigation and turn your mess of a case into a coherent, winning story for your judge or jury.
Repeal the Antiterrorism and Effective Death Penalty Act to Restore Habeas Corpus
Little attention has been paid to the almost total evisceration by Congress and the Supreme Court of the writ of habeas corpus.
Tuning the Final Paragraph of Lincoln's Second Inaugural Address
When you are addressing a jury, the sound of your voice, the forceful control of your rhythms, and the very look on your face, taken together, will have profound effects.
Artificial Intelligence and Legal Issues
The output of AI can be relevant to issues that arise in litigation, and, because of its limitations, its use can invite legal challenge.
Is an Adversarial Legal System Well Suited for Delivering Justice?
Sometimes the adversary system delivers the wrong result and we might justifiably wish there had been a better way.
The Narrowing of the Legal Mind
Narrow thinking and narrow-thinking lawyers are a grave danger to the profession, which risks losing its tie to life generally while becoming little more than another form of mere moneymaking.
My First Big Case
Law is not a carefree, sedate profession. There’s stress, 100-hour weeks, motions, trials, which sometimes we lose.
Fee Disputes with Clients
What to do when a former client is demanding the return of legal fees that you think you earned, from negotiation to litigation.
Headnotes
Was There Ever a Serious Debate About Whether to Approve the Constitution?
The irony of public debates about the Constitution is that the framers had very few of them in deciding whether to adopt the document in the first place.