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Articles 1 - 9 of 9
Full-Text Articles in Law
Deciding, Curtis E.A. Karnow
Deciding, Curtis E.A. Karnow
Curtis E.A. Karnow
Review of cognitive fallacies judges may encounter, such as expectation fallacies, cognitive dissonance, narrative fallacies and generally problems with associative reasoning
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Curtis E.A. Karnow
This note examines complex litigation with the goal of providing practical options for its management. It is written from a judge’s perspective. I review the definition of a “complex” case and explain its emphasis on the need for a judge to manage the case, with a focus on enabling settlement. I address a series of specific characteristics or aspects of complex cases, explaining how these affect the progress of the case. Then the note explores the many tools and techniques judges have to manage and ameliorate difficult aspects of complex cases. {Pre-print. Final article as published differs substantially and is …
The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow
The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow
Curtis E.A. Karnow
A short note on confirmation bias and cognitive dissonance as it affects decision making by lawyers and judges.
The Temptation Of Common Sense, Curtis E.A. Karnow
The Temptation Of Common Sense, Curtis E.A. Karnow
Curtis E.A. Karnow
The fallacies of invoking arguments from ‘common sense’ in legal briefs.
“Clear Beyond The Peradventure Of A Doubt,” Or, Plain English, Curtis E.A. Karnow
“Clear Beyond The Peradventure Of A Doubt,” Or, Plain English, Curtis E.A. Karnow
Curtis E.A. Karnow
The article urges judges and lawyers to write briefs and opinions in plain English. This outreach from the legal world to the public is important. As the public understands what courts do, the public will be increasingly supportive of the courts, more likely to comply with courts directives, and more likely to engage in meaningful debate concerning the justice system. In this sense, writing in plain English is a civic duty.
A Free Lunch In Chicago, Curtis E.A. Karnow
A Free Lunch In Chicago, Curtis E.A. Karnow
Curtis E.A. Karnow
A discussion of the ethical issues implicated by judges’ acceptance of travel and related expenses when attending privately sponsored judicial education, including seminars offered by educational institutions.
Trials And Tribulations, Curtis E.A. Karnow
Trials And Tribulations, Curtis E.A. Karnow
Curtis E.A. Karnow
A collection of practical tips and advice for litigators new to the bar, and for more experienced lawyers wishing to improve the odds of a receptive judge and jury. The advice applies to oral advocacy, trial, trial preparation, and other issues concerning presentation such as interacting with the jury and witnesses, courtroom staff, motions (including in limine motions), handling evidence, simulation and animations. This is the stuff they don’t teach in law school. (Presentation, Bar Assn. Of San Francisco & Barrister's Club, June 2013)
E-Discovery Issues, Curtis E.A. Karnow
E-Discovery Issues, Curtis E.A. Karnow
Curtis E.A. Karnow
Bullet point outline of e-discovery issues
What's Your Weirdest Case? Judges Answer Questions On The Courts
What's Your Weirdest Case? Judges Answer Questions On The Courts
Curtis E.A. Karnow
Section 1 answers scores of questions posed to the judges of the Superior Court by visiting school children. The questions concern how civil and criminal courts work, treatment of prisoners, what judges and lawyers do, and how one becomes a judge, among other topics. Section 2 collects a series of short essays on related subjects, as well as outlining the jury system, alternative dispute resolution, appeals, among other subjects, all in a format more suited to upper grade levels and adults. The paperback is availible through Amazon