Navigating the Maze
All human–created systems––e.g., educational, economic, legal––have a design. These design characteristics vary, with some aspects being welcoming, beneficial; other aspects, not so much. We tend to focus on design flaws because of how easily they intrude into our consciousness and make themselves known. A maze is a path or collection of paths, typically from an entrance […]
Next Level Preparation
Webster defines preparation as “the action or process of making something ready for use or service or of getting ready for some occasion, test, or duty.” They are layers of preparation. To help explain, let’s use the layers of the human skin as a guide.Epidermis. The skin’s surface. Merely examining the surface of a subject […]
Three Questions
Do law professors still write about tort law? In the academy, the tendency is to elevate one’s writing to the more rarefied atmosphere of pure theory. But tort law beckons: it’s a rich sedimentary deposit of granite and limestone, silica and sand, an archeological excavation which must be performed with great delicacy. So, for the […]
Who’s There
The cross–examiner strives for a simple signpost to guide the way. In the welter and chaos of words and counter–words, of branches and leaves, how to carve out a clear path forward? In a multilayered case, complexity can seem to render reality inexplicable, impenetrable. Thus, the search for that one short phrase which encapsulates the […]
All We Need
What’s at work when a witness testifies in a way contrary to expectation? Why do we tend to take this testimony more seriously? An example. Congressional hearing on climate change. The head of the Sierra Club testifies that urgent action is needed to address this issue. The panel then hears from the Chairman of ExxonMobil––and […]
Ideas and Groups
Working as a group––its own complex puzzle. “The three main factors affecting a team’s cohesion (working together well) are: environmental, personal, and leadership.”[1]Varying perspectives, differing viewpoints, joined to solve a single complex problem. How can each member of the group be successful? How can one person assist, or resist, another to reach an optimal solution? […]
Finding Hidden Treasure
“All advocacy is, at its core, an exercise in empathy.” ––Samantha Power Standing in another’s shoes implies assuming a point of view different from one’s own. You’re seeing things from another’s frame of reference, from their sense of perspective. The angle of vision, the corridor of approach, the nature and extent of indistinct outline and […]
Producing the Plaintiff
You’re seated next to your client at a large table, opposing counsel on the other side. Testimony that’s accurate, clear, persuasive, and appropriate––that’s at least one of your goals. For the young lawyer, here are some general guidelines: Keep the supply of facts flowing in response to cross-examination questions. Primarily most discovery depositions boil down […]
Connecting the Dots
An opening statement, we are told, is a recitation of the facts, preferably in chronological order, without embellishment, ornamentation, or argument. This probably explains why most opening statements are imprecise, generalized, and not particularly persuasive. Might there be a better way? “Psychological resilience refers to the ability of individuals to successfully respond to major changes, […]
Naïve Realism and Photographic Evidence
Evidence is multipurpose, having both inclusive as well as exclusive components. Photographs. Photographs have at least two purposes. First, to depict the condition of a person, place, instrumentality, or object. That’s their inclusive purpose. But photographs serve another purpose as well––to demonstrate what’s not depicted. That’s their exclusive purpose. What a photograph does not show––this […]
