Ian Sample, Study delivers bleak verdict on validity of psychology experiment results The Guardian (August 27, 2015) &&& The dynamic evidence page Evidence marshaling software MarshalPlan

Wishful thinking pervades discussions of the evidentiary use of both racial profiling and "gangsta rap" in criminal investigations and trials. Compare, e.g., Holmes v. State,  306 P.3d 415  (2013) (gangsta rap lyrics held…

"As [Peter Tillers] explains, among the reasons character evidence is excluded is that such evidence 'violates a social commitment to the thesis that each person remains mentally free and autonomous at every point in [his] life.'" Andrew…

First track: Byrne, Donald - Fischer, Robert James (1957)("I consider this to be my cover version of the greatest poem ever written, with some especially high notes.  (If you don't believe me, check out stanza 17.)  As always, a…

Fourth single off "A Darker Blues."everybody is warhol noweverybody is big shot noweverybody is instagram noweverybody is warhol noweverything is warhol noweverything is 24/7 noweverything is televised noweverything is warhol noweverybody is…

  Attorneys, judges and jurors all want to see themselves as fair, equitable, and rational, yet studies show that despite our best intentions none of us are free from bias. Implicit bias refers to unconsciously held biases that do not…

PERSONAL UPDATE: I woke up this morning realizing that it had been 6 months since my last post. One of the drawbacks to the aging process is that time seems to pass so much faster than when we were younger. … Continue reading →

RULE OF PRIMACY: Following the “Rule of Primacy” is one of the easiest (yet most overlooked) ways for attorneys to improve their trial performance. If you’re a young attorney with aspirations of becoming the next Clarence…

Okay, it was a DC steakhouse, not a bar, and this is no joke. Two of President Trump’s personal lawyers—Ty Cobb and John Dowd—ate lunch at BLT Steak on a recent Tuesday and discussed differing legal strategies for responding…

Foreign corporations with a significant U.S. presence increasingly face this question—which country’s privilege law applies when their U.S. lawyers communicate with the companies’ foreign employees?  The SDNY confronted…

Model Rule of Professional Conduct 1.6 provides that, except in limited circumstances, lawyers “shall not reveal” a current client’s confidential information without “informed consent.”  Rule 1.9(c)(2)…

D, a lawyer, was sued by P for malpractice for giving bad advice at a legal seminar. The advice at issue related to eligibility requirements of S-corporation shareholders. To prove that D provided the bad advice, P calls W, a different…

D is being prosecuted for 1) being a felon in possession of a firearm, and 2) assault with a deadly weapon. Prior to trial, D offers to stipulate that he is a “felon” as defined by the applicable statute. In return, he requests…

In a trial, any piece of evidence (i.e. document, diagram, photo, police report, summary) offered by any party requires a particular foundation procedure to establish that the exhibit is reliable and relevant.  Since I personally have…