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Jurors:  You Must Stop The Internet From Pushing Information To You

September 15th, 2017|

On August 23, 2017, I saw something historic happen.  I saw jurors receive instructions about how to take steps to prevent the Internet from pushing case-relevant information to them.  This instruction was of no small moment since the trial was certain to generate a great deal of media attention.  New Jersey’s senior Senator, Robert Menendez, was about to be tried in a Newark, New Jersey federal courtroom for allegedly exerting political influence in exchange for gifts and favors from his co-defendant, ophthalmologist Salomon Melgen. Abbe David Lowell of Norton Rose Fulbright, Menendez’ attorney, raised this issue with Judge William Walls,

Juror Misconduct: More Prevalent Than We Think?

August 15th, 2017|

As internet use and social media become more and more prevalent,[1] the threat of jurors being biased by – or improperly sharing – internet information, has become a greater concern. Over the past several years, the legal community has been buzzing about Google mistrials and juror internet misconduct – but one problem remains – lots of hype and not a lot of data. Click here to view Respondent Demographics and Social Media Preferences In a prior study,[2] jurors in 15 criminal and civil trials completed questionnaires distributed by the judge after the conclusion of the trial. These questionnaires assessed jurors’

Innovating For Wise Juries: Closing Argument

August 2nd, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the 10th and final piece in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week, we have offered a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. These innovations have been proposed by academics and practitioners, implemented by state and federal judges, and are not prohibited in most jurisdictions.

Innovating For Wise Juries: Discussions Before Deliberations

July 26th, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the ninth piece in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week, we offer a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. Each innovation has been proposed by academics and practitioners, implemented by state and federal judges, and is not prohibited in most jurisdictions. Most importantly, each

Innovating For Wise Juries: Matching Experts

July 19th, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the eighth in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week we offer a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. Each innovation has been proposed by academics and practitioners, implemented by state and federal judges, and is not prohibited in most jurisdictions. Most importantly, each innovation

Innovating For Wise Juries: Interim Arguments

July 12th, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the seventh in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week we offer a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. Each innovation has been proposed by academics and practitioners, implemented by state and federal judges, and is not prohibited in most jurisdictions. Most importantly, these innovations

Innovating For Wise Juries: Openings Before Voir Dire

July 5th, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the sixth in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week we offer a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. Each innovation has been proposed by academics and practitioners, implemented by state and federal judges, and is not prohibited in most jurisdictions. Most importantly, each innovation

Innovating For Wise Juries: Pre-Voir Dire Questions

June 29th, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the fifth in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week we offer a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. Each innovation has been proposed by academics and practitioners, implemented by state and federal judges, and is not prohibited in most jurisdictions. Most importantly, each innovation

Finding The Best – And Avoiding The Worst – Jurors For White Collar Criminal Cases

June 28th, 2017|

Defending White Collar Criminal Cases Defending an allegation of white collar crime is replete with challenges.  Some arise from the evidence: for example, badly timed calls and trades in insider trading cases, emails that are suggestive of wrongdoing when taken out of context, and accounting practices that seem suspicious to those unfamiliar with the vagaries of GAAP rules. And then, there are the jurors: a dozen or so people who bring to the case their own life experiences and too often, their own assumptions about corporate executives, those who work in finance, or just “the rich.”  Certainly, life experience is

Innovating For Wise Juries: Juror-Posed Questions

June 22nd, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the fourth in our series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week we offer a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. Each innovation has been proposed by academics and practitioners, implemented by state and federal judges, and is not prohibited in most jurisdictions. Most importantly, each innovation