By Dr. Ken Broda Bahm: Since 1998, more than 4.5 million people have discovered they have more of a racial bias than they thought they had. They did this by self-administering an online tool called the Implicit Association Test. Developed by researchers at Yale University and the University of Washington, the test looks at implicit bias, […]
Address Bias at its Roots Read More »
By Dr. Ken Broda Bahm: The sacred can sometimes find its way into legal evaluations. Apart from jurors using or quoting the Bible during deliberations (see Miller et al., 2013), sacred values can also take a broader role in the form of moral imperatives we are unwilling to compromise. One researcher (Tetlock, 2003) in a relatively
Consider the Sacred Read More »
By Dr. Ken Broda Bahm: A picture can be worth a thousand words. And, it turns out, that picture can also make the words you do use more believable. Researchers point to this as the “truthiness” effect, in homage to comedian Stephen Colbert’s neologism for the feeling of something being true independent of its actual
Don’t Panic Over Visual “Truthiness” Read More »
By Dr. Ken Broda Bahm: The Reptile (Ball & Keenan, 2009) is about as hot as a cold-blooded creature can get. The theory, focusing on trying plaintiffs’ cases by aiming your appeals at the primitive drive for personal safety and security, seems to have struck a chord with plaintiffs’ attorneys. With regular seminars, a growing family
Don’t Underestimate the Power of a Unifying Vision: A Return to the Reptile Read More »
By Dr. Ken Broda Bahm: On a flight this past Saturday, I overheard my flight attendant and another passenger discussing that day’s verdict in the trial of Martin MacNeill, the Utah doctor convicted of first degree murder for drugging and drowning his wife in a bathtub more than six years ago. “I think the jury
By Dr. Ken Broda Bahm: As a response to the perception of escalating jury awards in medical cases, a number of states have turned to legislative caps on noneconomic damages or overall damages. At last count, that preference for legislative limits on verdict amounts applies to all but 15 states (Alabama, Arizona, Arkansas, Connecticut, Delaware,
Medical Defendants: Don’t Put All Your Faith in Caps Read More »
By Dr. Ken Broda Bahm: “End on a positive note,” the saying goes, and stated that way, it seems almost trite. Those who write books or direct movies, as well as those who try cases and deliver closings, know the power that lies in a great finish. But look into the psychological research and you
Careful With That Ending Read More »
By Dr. Ken Broda Bahm (Really): In the early years of the Persuasive Litigator blog, I used to receive friendly inquiries from time to time from people who were interested in writing the blog for me — blog ghostwriters. Lately, however, those messages from ‘the other side’ have tapered off, and it appears they now get
Beware the Ghostwritten Law Blog Read More »
By Dr. Ken Broda Bahm: The vast majority of jurors are conscientious and careful, and at least aim to be compliant with instructions. At the same time, there are a few examples in recent years that would seem to challenge that perception. For example, there is the widely reported story of the Miami mistrial in which fully
Play it Safe with Clear Instructions (Especially on Juror Social Media Use) Read More »
By Dr. Ken Broda Bahm: Do our good intentions save us from the bad impacts of our acts? This past spring, that question was addressed musically via the song, “Accidental Racist.” Pairing up country star Brad Paisley and rapper LL Cool J, the song centers on a dialogue between a Southern white man and an urban
See Intentions as Well as Impacts Read More »