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Full-Text Articles in Law
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 …
Business Entities - Basic Legal Issues, Curtis E.A. Karnow
Business Entities - Basic Legal Issues, Curtis E.A. Karnow
Curtis E.A. Karnow
Brief introduction to certain business litigation issues including vicarious liability, sealing records, representation by counsel, qualification of domestic corporations; depositions of persons most knowledgeable, and conflicts of laws.
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.
Class(Ic) Settlement Problems, Curtis E.A. Karnow
Class(Ic) Settlement Problems, Curtis E.A. Karnow
Curtis E.A. Karnow
A collection of classic problems in papers filed for preliminary court approval of class action settlements
Sealing Records, Curtis E.A. Karnow
Sealing Records, Curtis E.A. Karnow
Curtis E.A. Karnow
Practical tips on sealing records in California state courts
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)
A Vaguely Jocular Guide To In Limine Motions, Curtis E.A. Karnow
A Vaguely Jocular Guide To In Limine Motions, Curtis E.A. Karnow
Curtis E.A. Karnow
A short review of problematic in limine (pre trial) motions