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(formerly the Persuasive Litigator blog)

Bias

Defendants, Look Out for Anti-Corporate Conspiracists on Your Jury

Adapting to Jurors, Bias / /

By Dr. Ava Zwolinski and Dr. Ken Broda-Bahm: Americans have long viewed large organizations, both governmental and corporate, with considerable skepticism. In civil litigation, jurors will often perceive corporate defendants through an interpretive lens colored by preconceived biases against corporations (e.g., they’re guided solely by profit, and they harm individuals for their own gain) as […]

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Don’t Reduce Jurors to Their Political Identities (But Don’t Ignore It Either)

Adapting to Jurors, Bias / /

By Dr. Ken Broda-Bahm: Whether we are talking about Minnesota or Greenland, or a score of other contested narratives within the field of political conflict, the role of a person’s ideological and partisan leaning has probably never been more salient than it is now. The perception, at least, is that one’s orientation doesn’t just predict

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Account for the New Low in What Jurors Think of Health Insurers

Adapting to Jurors, Bias / /

By Dr. Ken Broda-Bahm: In Charles Dickens’ classic “A Christmas Carol,” the final act is brought by the spectral Ghost of Christmas Future who shows the miserly Ebenezer Scrooge the vision of those he mistreated in life celebrating his death after he is gone. This Christmas, that part of the seasonal story might be hitting

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

Adapting to Jurors, Bias / /

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

Adapting to Jurors, Bias, Voir Dire / /

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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