Vol. 21/No. 2 March 2009 Archive

  • California voters’ recent passage of Proposition 8, which “re-banned” same-sex marriage in the state, and the success of similar anti-gay marriage laws across the country, has prompted some observers to comment that “gay is the new black.”  In other words, while overt, anti-black sentiment has been largely relegated to the […]

    Strategies for Combating Anti-Gay Sentiment in the Courtroom

    by Sean Overland, Ph.D. California voters’ recent passage of Proposition 8, which “re-banned” same-sex marriage in the state, and the success of similar anti-gay marriage laws across the country, has prompted some observers to comment that “gay is the new black.”  In other words, while overt, anti-black sentiment has been largely relegated to the […]

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  •             Consider the humble timeline. A trial graphic staple, it is often the first to be constructed. There are even computer applications devoted to the automatic creation of timelines. However, in spite of the widely held opinion that storytelling is the most powerful means of communication, […]

    The Graphics Guy: Turning Timelines into Plotlines

    by Jason Barnes             Consider the humble timeline. A trial graphic staple, it is often the first to be constructed. There are even computer applications devoted to the automatic creation of timelines. However, in spite of the widely held opinion that storytelling is the most powerful means of communication, […]

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  • We experience a wide range of emotions every day: a bad mood because we skipped breakfast, anger because we got cut off in traffic, and even nostalgia from receiving an old picture of high school friends over email. To be sure, the insight that emotions influence judgment existed long before […]

    Grime and Punishment: How Disgust Influences Moral, Social and Legal judgments

    by Yoel Inbar, Ph.D. and David Pizarro, Ph.D. We experience a wide range of emotions every day: a bad mood because we skipped breakfast, anger because we got cut off in traffic, and even nostalgia from receiving an old picture of high school friends over email. To be sure, the insight that emotions influence judgment existed long before […]

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  • Editor’s Note: It’s been a busy month for juries in the news and Doug Keene (President of ASTC) has spent hours on the phone with reporters attempting to clarify the issues and to communicate the position of the American Society of Trial Consultants (ASTC) on issues related to jurors and […]

    Fairness, Justice and True Understanding: The Benefits of Peremptory Strikes

    by Douglas L. Keene, Ph.D. Editor’s Note: It’s been a busy month for juries in the news and Doug Keene (President of ASTC) has spent hours on the phone with reporters attempting to clarify the issues and to communicate the position of the American Society of Trial Consultants (ASTC) on issues related to jurors and […]

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  • In an age where technology rules, personal boundaries have narrowed and a man’s word is not necessarily his bond, how can we ensure that confidential information stays confidential? In the world of litigation, there are rules, procedures and court opinions to preserve confidentiality. But how does that translate into the practice of […]

    Keeping Secrets: Protecting Privilege in Pretrial Research

    by Kacy Miller, M.Ed. In an age where technology rules, personal boundaries have narrowed and a man’s word is not necessarily his bond, how can we ensure that confidential information stays confidential? In the world of litigation, there are rules, procedures and court opinions to preserve confidentiality. But how does that translate into the practice of […]

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  •           A principal function of the civil justice system is to make whole any person injured by another’s careless or intentional actions, insofar as that is possible. In theory, this applies to all types of injuries, whether they are of a physical, psychological, financial, or property nature. […]

    Injured Body, Injured Mind: Dealing with Damages for Psychological Harm

    by Brian Bornstein, Ph.D. and Samantha Schwartz           A principal function of the civil justice system is to make whole any person injured by another’s careless or intentional actions, insofar as that is possible. In theory, this applies to all types of injuries, whether they are of a physical, psychological, financial, or property nature. […]

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  • Expert witnesses are retained to take the stand and share specialized knowledge with the court – specialized knowledge that may help the trier of fact make the decision they are charged to make. Naturally, expert witnesses (and the attorneys who retain them) want to appear confident and credible on the […]

    Expert Witness Preparation: What Does the Literature Tell Us?

    by Tess M.S. Neal Expert witnesses are retained to take the stand and share specialized knowledge with the court – specialized knowledge that may help the trier of fact make the decision they are charged to make. Naturally, expert witnesses (and the attorneys who retain them) want to appear confident and credible on the […]

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  • Again, this issue we have two favorite things. Two ASTC-member trial consultants share their precious [aka favorite] things. Edward P. Schwartz (http://www.eps-consulting.com) tells us about the Livescribe Pulse Pen:   One of my favorite things is my new Livescribe Pulse pen. It records audio and synchronizes it with the notes […]

    Favorite Things

    by Rita Handrich, Editor and Edward P. Schwartz Again, this issue we have two favorite things. Two ASTC-member trial consultants share their precious [aka favorite] things. Edward P. Schwartz (http://www.eps-consulting.com) tells us about the Livescribe Pulse Pen:   One of my favorite things is my new Livescribe Pulse pen. It records audio and synchronizes it with the notes […]

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  •     Experience powerfully interactive programs   Trial consulting is reaching new heights in 2009. The Jury Expert has reached its broadest audience ever and ASTC’s Annual Conference is poised to offer one of its best programs in history. The ASTC’s 28th Annual Conference adds to its rich foundation of teaching what […]

    ASTC 28th Annual Conference: Raising the Bar, Experiencing New Heights

    by Cynthia Cohen, ASTC President     Experience powerfully interactive programs   Trial consulting is reaching new heights in 2009. The Jury Expert has reached its broadest audience ever and ASTC’s Annual Conference is poised to offer one of its best programs in history. The ASTC’s 28th Annual Conference adds to its rich foundation of teaching what […]

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