Goals
In litigation, we often face and must overcome adversity. Adversity tends to expose weaknesses, so identifying and solving weaknesses is important in litigating cases.
Litigation Journal | Fall 2023: Game On
Volume 50, Issue 1
Features
Game On: How Litigation Is Like College Football
The game of football and litigation both have uncertain outcomes. Have a game plan, a well-thought-out recipe for success.
Away Games
Choose the right local counsel, review the local rules, especially about speaking to the press, researching jurors, and interviewing jurors after the trial.
Strategies for Managing the Hurdles of a Litigation Career
You cannot count on the finish of litigation to make you happy—especially if you don’t win; you have to find meaning and fulfillment in the path along the way.
Armchair Quarterbacks
Stay away from people who have fired their past three lawyers, who want to control all aspects of a matter--including decisions only a lawyer should make.
A Litigator's Lessons from the Fields of Friendly Strife
Putting your team's interests ahead of your own is important not only in athletics but equally in trial.
In Search of the First-Round Knockout A Rule 12(b) Primer
While the gold standard for a defendant in a civil lawsuit is to win a case in the first round, a weak 12(b)(6) motion opens you up to attack, like a wild swing that drops your guard.
Lawyer's Poker
Weighing the odds is paramount in undertaking a careful analysis of the case's value, strengths, and weaknesses.
"We Will Never Stop Fighting": The Story of the Women's National Soccer Team’s Fight for Equal Pay
The USSF offered a payment structure similar to that of their male counterparts, but with lower compensation amounts.
The Legal Process
At trial, "The Process" means sticking to your principles, and thinking about how the judge and jury will interpret your words.
Representing the Best Interests of Brainwashed and Programmed Children in High-Conflict Child Custody Cases
Courts have recognized that in an alienation setting, children are impressionable, have social deficits, and could be manipulated.
Columns
Sportsmanship in Litigation and Law
Differences in race, socioeconomic status, and political persuasion tend to fade away in a packed sports stadium.
To Err Is Human
We love sports, because, at their apogee, sports allow us to experience a human being who has managed to surmount his own imperfections.
Litigation, Sports, and Race: The Changing World of Michael Chavies
His path from a "poor people's lawyer" to a lawyer who deals with big clients with big problems is an interesting one.
Pursuing Claims Against Foreign State-Owned Companies Located in the United States
Such companies enjoy significant immunity in the United States, but not when they act like a private commercial enterprise.
Poker and Judicial Selection
The judicial system depends on candor and honesty; the principle on which the facially neutral approach rests is less than intellectually honest.
Judgment at Amarillo
No law conforms to perfect justice. Laws, even in the best regimes, are always defective in some respects.
Play the Game
Pretending that winning is unimportant is horrible preparation for that cruel, miserable world out there.
Headnotes
How Litigation Imitates the World Series
Like getting older, baseball and litigation are incessantly demanding, requiring sustained excellence and continued sacrifice to really succeed.
The Court-Martial of "America's Most Notorious Draft Dodger"
On October 5, 1939, a 13-officer court-martial panel found Bergdoll guilty of desertion in time of war. His two trials were said to have cost the American taxpayer millions of dollars.