By Dr. Ken Broda Bahm: The presidential contest is too close to call, but assuming we have a result by the end of the election day tomorrow, one thing is all but certain: Roughly half of the population will be shocked and appalled by the decision made by the only slightly larger other half of […]
Know the Limits of Political Empathy Read More »
By Dr. Ken Broda Bahm: Here is one belief I’m pretty sure about: Most of us tend to be pretty sure about our beliefs. As the waning campaign season has continued to demonstrate, we tend to select a chosen belief and stick to it rigorously, even in the face of contrary information. In our personal
Cut Through the “Stickiness” of Prior Beliefs Read More »
By Dr. Ken Broda Bahm: It is Halloween time again, and everyone who is a kid or young enough to party like a kid, is preparing their temporary identity for the night: a pirate, a witch, a vampire. This year, apparently, the trending looks are less traditional, including “Angry Birds” and costumes for this year’s angriest
Appeal to Your Juror’s “Temporary Identity” Read More »
By Dr. Ken Broda Bahm: “Were they even watching the same trial I was?” Lawyers will sometimes wonder, after talking with jurors or hearing a post-trial interview, how perceptions can be so different. At times, it can be hard to believe they’re reacting to the same set of facts. We witnessed this type of scenario
Account for Selective Perception: 2012 Presidential Debate Series, Part Four Read More »
By Dr. Ken Broda Bahm Imagine a typical employment discrimination case, subject to all of the ambiguities of human motivation. To the plaintiff, it is a story of good if not exceptional work performance cut short by a decision to terminate based on race, gender, age or disability. To the defendant, it is a story
Realistically Compare Your Employment Fact Finders Read More »
By Dr. Ken Broda Bahm: News: Americans still don’t love lawsuits. According to polling conducted in August by Luce Research for the American Tort Reform Association and the group, Sick of Lawsuits, “Americans firmly believe that lawsuit abuse is a problem in our country. They see too many lawsuits and believe that the number of
Take Anti-Lawsuit Attitudes With a Grain of Salt Read More »
By Dr. Ken Broda Bahm: Even good science can sometimes be a tough sell in the court of public opinion. Take, for example, the moment in Republican Presidential nominee Mitt Romney’s acceptance speech last week where he mocked the President’s concern over rising sea levels. The crowd of delegates in Tampa cheered wildly, though the
Teach the Difference Between Science and Junk Read More »
By Dr. Ken Broda Bahm: Big win for Apple. In a dramatic conclusion to the company’s lawsuit against rival pad and smartphone maker Samsung, the Cupertino powerhouse convinced a federal jury that a majority of Samsung’s smartphones and tablets infringe on valid Apple patents, in many cases willfully, and received an unprecedented $1.05 billion award.
Take a Schematic Approach to Jury Instructions Read More »
By Dr. Ken Broda Bahm: Think beyond the stereotypes. That is what you’re used to hearing (and I’m used to saying) about jury selection. But that same need to subvert the stereotypes applies not just to picking panelists, but to persuading as an attorney or an expert witness as well. In each of these situations,
Subvert Stereotypes: Free the Attorney, the Expert, and the Juror Read More »
By Dr. Ken Broda Bahm: The point is easy to grasp but hard to put into practice for both politicians and litigators: If something is likely to come out eventually, then you’re far better off skipping the chase, avoiding the drama, and just getting it out. And a close corollary of the principle is this: If
Bad Stuff? Get It Out And Get It Over With Read More »