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Adapting to Jurors

Juror Polarization: As the Political Season Ends, Understand It’s Not Just a Season

By Dr. Ken Broda-Bahm: As I write this, it is finally and mercifully Election Day, 2024. For many of us on the edges of our seats awaiting the returns, we might be considering the question, “What brought us to this?” The answer is that recent technological and cultural forces have powerfully changed American life in […]

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Trial Soon? Expect Some Jurors to Have Electoral Stress

By Dr. Ken Broda-Bahm: I know, I know, there’s a very good chance that every election in your lifetime has been billed as the “most important election in your lifetime.” But when it comes to next week’s election, that hyperbole just might be justified — at least based on the way the country seems to

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Be Alert for Conspiracy Thinkers in Jury Selection

By Dr. Ken Broda-Bahm: As your juror hears testimony from a banking executive, is she thinking that banks are secretly controlling society? As another juror hears from a medical expert, is he thinking that experts like that are the ones who caused the “covid hoax”? What might it mean for your case if the jury

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When You Concede Liability, Make Sure You Concede With Benefits

By Dr. Ken Broda-Bahm: Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice phrases — “mistakes were made.” In this situation, the question of whether to contest or

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The Kamala Harris Challenge: Establish (or Reestablish) Your Credibility: Five Lessons

By Dr. Ken Broda-Bahm: I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine: It’s national, it provides a wealth of examples good and bad, and — particularly recently

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Learn from Joe Biden’s Debate Destruction: 5 Nonverbal Don’ts

By Dr. Ken Broda-Bahm: At last week’s Presidential debate, incumbent Joe Biden performed about as poorly as the worst predictions. In the panicked aftermath, calls have mounted for the 81-year-old President to gracefully exit his party’s nomination stage in order to allow fresher leaders to take his place. Part of the reaction was certainly based

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Know What You’re Getting with AI Assistance: Your ChatGPT Isn’t “Hallucinating,” It’s Bullshitting

By Dr. Ken Broda-Bahm: For a little over a year, the world has been abuzz with the experience of accessible artificial intelligence, and overflowing with speculation on the many ways it will change the ways we live and work. For law, a field that specializes in the use of language, there has been an inevitable

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