By Dr. Ken Broda Bahm: The cliché words, “It was a dark and stormy night,” come from the opening sentence of the novel Paul Clifford by Edward George Bulwer-Lytton. And when you read the full sentence it comes from, you get a better idea of why it has come to be the quintessential example of a bad […]
The Right Introduction: Learn from Fiction Read More »
By Dr. Ken Broda Bahm: When we think of persuasion in the courtroom, we might think of the specific language of strategies, tactics, and themes. We think of particular messages that can help get us to our goal. But those are really only the point of the spear. If we think about what is behind
Respect the Four Pillars of Persuasion Read More »
By Dr. Ken Broda Bahm: In a recent mock trial, the jurors deliberated on the meaning of the duty of good faith and fair dealing. The conversation went something like this: Juror 1: They clearly met the contract. I mean, look at the language. Juror 2: Yeah, but did they treat the Plaintiff the way
Good Faith and Fair Dealing: Bring It Down from the Clouds Read More »
By Dr. Ken Broda Bahm: It is conversation I frequently have when sending jurors off to deliberate as part of a mock trial. “Can we ask the attorneys questions about the case?” “No, just do your best with what you remember.” “But what if there are things we forget?” “Don’t worry, as a group you’re
Don’t Expect Better Memory from a Jury Read More »
By Dr. Ken Broda Bahm: You know it is possible. As those jurors leave the courtroom with their mobile phones on a break or at the end of the day: They could be off on their own evidence-gathering foray, looking up the parties, the lawyers, the witnesses, or the law. But, they’ve been given strong
Expect a Majority of Your Jurors to Commit Online Misconduct Read More »
By Dr. Ken Broda Bahm: Black Americans, especially but not exclusively those on the lower-economic rung, often have a different experience with police and the justice system. That difference makes them more likely to believe they’ve been discriminated against, or to believe more generally, that they get greater attention and less protection from the law.
Expect Support for Civil Litigation to Vary by Race and Social Status Read More »
By Dr. Ken Broda Bahm: America is not yet post-racial, and the Nazis marching this week in Charlottesville, Virginia should be a reminder of that. Continuing tensions on race are played out in courtrooms as well. The as-yet unresolved issues of racial bias in jury selection provide one example. Race-based removals impact the criminal sphere more than
By Dr. Ken Broda Bahm: If you’ve ever suffered through an extended interpersonal argument, either as a protagonist or as an observer, you might be justifiably skeptical about its usefulness. The common experience is that no one is going to budge. I’ve been there as well, and that is why I was intrigued when reading
Focus on the Factors that Actually Change Minds Read More »
By Dr. Ken Broda Bahm: For a practical persuader, one of the most disturbing features of some biases is their self-sealing nature. When an audience suffers from confirmation bias, for example, you would hope that they could be taught out of it. That is, if they’re primed to think that all big corporations are evil,
Fight Confirmation Bias: Consider the Opposite Read More »
by Dr. Ken Broda Bahm: Among the readers of this blog, there are a few people who write to me and let me know what they think about various posts. Sometimes it is to applaud a post, or to share an example where they’ve faced something similar. And sometimes, it is to take issue with
I Could Be Wrong: Cultivate Intellectual Humility Read More »