By Dr. Ken Broda Bahm: Earlier this week, the U.S. Supreme Court announced their 5-4 decision in the case of Burwell v. Hobby Lobby finding that closely-held corporations, based on sincerely held religious beliefs, can exempt themselves from a requirement to provide certain contraceptive services as part of their employee health plans. Predictably, the news cycles and the […]
Think Beyond Just Red and Blue in Politics Read More »
By Dr. Ken Broda Bahm: As jurors in the trial I’m monitoring were dismissed for the weekend, the judge gave them the reminder: “Keep an open mind. Don’t come to any conclusions, just let it rest until all the evidence is in and the time comes for deliberations.” That plea to the jury reminded me
Don’t Expect Deferred Judgment: A Lesson from Bowe Bergdahl Read More »
By Dr. Ken Broda Bahm: I’m monitoring a criminal trial this week, and at the end of opening statements, the judge looked at the jury and said, “Okay, both sides have been referring to ‘AUSAs’ — they know what that means and I know what that means, but I’m guessing that you don’t know that
DUA: Don’t Use Acronyms Read More »
By Dr. Ken Broda Bahm: ‘Fairness’ can sometimes get an unfair rap. Take the tendency to think that jurors fall into two different camps: the law-oriented jurors who are analytic and reason-based, and the fairness-oriented jurors who are emotional and feeling-driven. Like most statements that begin with ‘There are two kinds of people…,” this one
Treat Fairness as a Reason, Not a Feeling Read More »
By Dr. Ken Broda Bahm: I’ve been fortunate enough to receive an advance copy of Richard Gabriel’s Acquittal: An Insider Reveals the Stories and Strategies Behind Today’s Most Infamous Verdicts, being released on June 3rd. Over the past couple of weeks, I’ve made my way through what is now a notes-covered and dog-eared copy. I’ve read
Learn from High-Profile Cases: A Review of ‘Acquittal’ by Richard Gabriel Read More »
By Dr. Ken Broda Bahm: There is one topic that nearly always comes up in mock trial discussions: the McDonald’s hot coffee case. It can be a circumstance as distinct as a patent case, and at least one juror will somehow find a connection. When the discussion turns to damages — and especially punitive damages
Expect Jurors to Want to Follow the Money Read More »
By Dr. Ken Broda Bahm: What is a photocopying machine? The following video humorously exploring that question has been making the social media rounds inside and outside the litigation world. An acted out version of a real deposition transcript, this creation of L.A. writer/director Brett Weiner recently won an award for best short film at
Avoid Deposition Games (On All Sides) Read More »
By Dr. Ken Broda Bahm: Your face is probably blank as you read this. So just as an experiment, right now, smile. Now, even if your smile is forced, goofy, or pasted on, hold that smile for at least 20 seconds or so. If you’re like most, you should feel your mood lifting almost immediately.
Smile (For Credibility and Affect) Read More »
By Dr. Ken Broda Bahm: On a recent trip returning to the U.S., I was eyed closely as I answered a series of apparently mundane questions from the uniformed American agent. Where was I born? Where do I live in the U.S.? How long had I been gone? What cities had I visited? And so
Treat Body Language as Unproven, Yet Trusted Read More »
By Dr. Ken Broda Bahm: If a “hot bench” is one that involves a judge actively participating in oral argument with questions and responses, then a “cold bench” must be one in which the judge just sits silently and watches. By that standard, there is no better exemplar of the cold bench than U.S. Supreme
Know How to Address a “Cold Bench” Read More »