By Jules Epstein What wins the day in arguing a motion in limine? A single argument? Or is it a decision tree approach of “Your Honor, we prevail because of Rule A, but Rule D also applies and so might F?” One answer may come from studying the dilution effect and an experiment on
By Mike Golden Future Nobel Prize winner Daniel Kahneman was ten years old, living in a chicken coop in Cagnes-sur-Mer, France. He was on the run from the Nazis. It was early 1944, and his father was dying; as a Jew in German-occupied territory, he couldn’t come out of hiding to get treatment for his
By Kate Donoghue “Just take emotion out of it.” We have all probably been given, or have given, this advice when faced with a tough decision. But while we may try, doing so is not actually possible when it comes to how we make decisions. We all grew up in different households, under different
By Grant Rost It’s hard to keep up with the vernacular used to describe a given generation of people. I know that I’m considered to be part of Gen X. I feel like the only reason I know what age bracket a “Boomer” falls into comes by virtue of knowing the date World War
By Jules Epstein Are we wrong to front bad facts? Is that “sponsorship,” i.e., giving the bad fact your imprimatur? The question may sound crazy – and if you read to the end you should see that the answer to each of those two queries is a resound “no.” But sponsorship theory lives, and it
One day, long after my wife and I had lost a bid on a house, we got a call from our realtor asking us if we were still interested in the house. We were. Since the owner had come back to us to ask us for a new offer, I bid $4,000 less than the
“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.” The aspirational words of Dr. Martin Luther King, Jr. remain just that – aspirational, particularly in the courtroom.
The summer before I started law school I worked as an umpire in the northeast corner of Ohio. I umped for youth baseball and softball and the kids I saw ranged from 9 to nearly 19. It’s not a terrible gig, actually. I made $25 to $30 a game, which paid for a whole lot
“Vision science” is an amalgam of information from multiple disciplines with multiple points of focus. From the world of eyewitness identification we know two fundamental principles. The first is that the mind is not a video camera: it captures only portions of the incoming data and what it does capture does not remain intact as
Each of us has been outside at night, in the darkness of a new moon, and craned our heads backward to look upward. Overhead, a dark blue blanket flecked with stars, cut in half by a faint and milky haze. The lack of summer humidity meant the sky revealed its depths as if it were