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Link to CNN Article: https://www.cnn.com/2020/04/20/politics/scotus-jury-verdict-criminal-trial/index.htmlLink to judicial opinion:https://www.supremecourt.gov/opinions/19pdf/18-5924_n6io.pdf The U.S. Supreme Court recently cited research conducted by a ThemeVision team member in their Ramos v. Louisiana decision. The Supreme Court’s decision cited a comprehensive review of jury decision making studies authored by Dennis Devine. The review article was published in a top social science journal … more »
With regard to legal writing, pleadings and briefs are among the first impressions you can make on a judge. Consider anecdotal evidence from Justice Antonin Scalia: “If [I] see someone who has written a sloppy brief, I’m inclined to think that person is a sloppy thinker. It is rare that a person thinks clearly, precisely, carefully, and does not write that way. Contrariwise, it’s rare that someone who is careful and precise in his thought is sloppy in his writing. So it hurts you … to have ungrammatical, sloppy briefs.” Thus, clean, precise, and well-constructed sentences and citations can correlate to sound legal arguments, but have the opposite effect with poorly constructed writing. On a larger scale, a positive first impression made via an initial pleading can parlay into elevated judgments of subsequent filings, and your case as a whole.
Trial lawyers often must make inferences about prospective jurors based on precious little information. Courts’ standard juror questionnaires typically include only a few questions. Courts seldom allow parties to use longer, supplemental juror questionnaires that can provide more useful information. Time allocated to questioning prospective jurors in court is limited, and many federal judges no longer allow attorney-conducted voir dire. Some prospective jurors may even skate through the voir dire process without ever saying a word.
Amit Patel and David Bartholomew co-authored the article, “The Importance of Graphics in Commercial Litigation,” to explore four specific recommendations on how to effectively utilize graphics in high-stakes commercial litigation matters.
Dennis P. Stolle and Dennis Devine authored the Law360 article, “6 Ways to Keep Jurors from Zoning Out.” The article explores what a potential 50% inattention rate means for jury trials.
Amit Patel, Christina Studebaker, and Dennis P. Stolle author, “Peremptory Challenges: A New Rule in Washington” regarding the Supreme Court of Washington’s implementation of a pioneering rule intended to “eliminate the unfair exclusion of potential jurors based on race or ethnicity.”  Read the full article below.
Dennis P. Stolle and Amit Patel authored a whitepaper entitled “Leveraging Cognitive Science when Mediating High-Stakes Commercial Cases.” The article discusses how litigators can utilize cognitive psychology to their benefit in negotiation settings. The article was published by Lorman and can be read on the Lorman website or a PDF version can be downloaded (PDF … more »
Dennis P. Stolle and Amit Patel authored an article which appeared in Law360 titled “There Is A Cognitive Science Behind Big Jury Verdicts.” The article discusses the cognitive science behind how jurors struggle with translating their beliefs about harm into a monetary value. A PDF version can be downloaded here.
Trisha Volpe co-authored an article for the Attorney At Law Magazine. The article, “Women Attorneys in the News: Unique Project Paves the Way From Court to Quotable,” talks about the Minnesota Women Lawyers Media Resource List and the communication training program she helped develop.