Know the Political Variations on ‘Fairness’

May 9th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: A jury’s decision in a case will often come down to their view of fairness. That word, of course, is subjective. However, even when jurors delve into the legal instructions and understand those instructions, they often find that the law opens the door to those subjectivities, hinging as it often does on what is “reasonable.”  A jury deciding a commercial case, for example, won’t have to stretch too much in order to find a role for their own personal views on fairness when deciding “good faith and fair dealing” or “unjust enrichment.” Just what “fairness” means

Procedural Justice: Jurors’ Views of the Fairness of the Legal System

May 7th, 2019|DOAR|

By Natalie Gordon, M.A., DOAR analyst Imagine that your football team makes it to the Superbowl, but only because a referee made a bad call in the previous game that determined who would advance to the championship (hint: Superbowl 2019). You might have conflicted feelings: Happiness about your team, but concerns about the ease of breaching the fairness of the whole system. These concerns are the subject of an area of research on procedural justice that has implications for the courtroom. The fairness of procedures, referred to as “procedural justice,” impacts participants’ and observers’ acceptability of an outcome more than

Expect Your Jury to Grow

May 6th, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  It isn’t uncommon for lawyers to see a jury in static terms. An attorney I once worked with referred to a jury as “Twelve bales of hay.” Because it isn’t possible to fully know what a jury is thinking until the end, that fundamental uncertainty can lead some to diminish the complexity or humanity of a jury. The real picture, of course, is more complex. A jury is both nuanced and dynamic. They are individuals to start with, but begin to coalesce into a cohesive group as the trial moves on. A recent article highlights this dynamic quality

Tell a Different Story During Closing

May 2nd, 2019|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: Lawyers tend to think of opening statement as the time for stories. But I think you’re telling a story in closing argument as well: not the same story, but a different one. And I don’t mean you should change the facts or present new evidence — a confused jury would be the least of your troubles. I mean you are no longer telling the story about what happened between the parties that led them to court. Instead, you are telling a new story about what is about to happen to the jurors: their deliberation and decision.

The Gender Divide in Reporting Harassment and Discrimination in the Workplace and its Outcome

May 2nd, 2019|DOAR|

by Chad Lackey,  Ph.D., Director and Emma Shuck, Consultant Employees still struggle with the decision to report harassment and discrimination despite legal protections and increased efforts by employers to make it easier and safer. Will I be blamed or face retaliation? Will it make a difference? Will employers even take my complaint seriously? With no easy answers to these questions, victims too often decide never to report their experiences. In 2016, the Equal Employment Opportunity Commission (EEOC) estimated as much as three-quarters of harassment in the workplace goes unreported. The #MeToo movement reminded all of us just how many women

Cleaning the Closet

May 2nd, 2019|2's Company - Magnus Insights|

When we have lulls in “real work,” we have a to do list that keeps us from getting bored. At the top of that list recently was cleaning out the equipment closet. The equipment closet is where we store an array of items required for our work. You might think, by looking in our closet, that we’re an audio-visual company. (We’re not, but video recordings are a big part of our “end product” or “deliverables.”) It contains video cameras, tripods, tons of cables, plus cargo cases to pack all of it for the road or for air travel. Though we’ve