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Articles 1 - 21 of 21

Full-Text Articles in Law

Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow Nov 2015

Experts, Statistics, Science & Bad Science, Curtis E.A. Karnow

Curtis E.A. Karnow

Articles, books, and other online resources relating to expert testimony with a specific focus on problems with peer review, bad science, and statistics


Deciding, Curtis E.A. Karnow Jan 2015

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 Jan 2015

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 ...


Cognitive Fallacies Reading List, Curtis E.A. Karnow Dec 2014

Cognitive Fallacies Reading List, Curtis E.A. Karnow

Curtis E.A. Karnow

Reading list of books, articles, reports, and other material relating to cognitive fallacies, i.e., errors in reasoning which affect us all, including lawyers and judges. These errors in turn affect lawyers’ competence and judges’ ability to provide fair, impartial and well-reasoned decisions.


Business Entities - Basic Legal Issues, Curtis E.A. Karnow Dec 2014

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 Oct 2014

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 Apr 2014

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 Jan 2014

“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 Jan 2014

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.


Class(Ic) Settlement Problems, Curtis E.A. Karnow Jan 2014

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 Oct 2013

Sealing Records, Curtis E.A. Karnow

Curtis E.A. Karnow

Practical tips on sealing records in California state courts


Sargon And The Science Of Reliable Experts, Curtis E.A. Karnow Jan 2013

Sargon And The Science Of Reliable Experts, Curtis E.A. Karnow

Curtis E.A. Karnow

An examination of some implications of the Sargon case for the admissibility of expert evidence in California courts


The Application Of Traditional Tort Theory To Embodied Machine Intelligence, Curtis E.A. Karnow Jan 2013

The Application Of Traditional Tort Theory To Embodied Machine Intelligence, Curtis E.A. Karnow

Curtis E.A. Karnow

This note discusses the traditional tort theories of liability such as negligence and strict liability and suggests these are likely insufficient to impose liability on legal entities (people and companies) selling or employing autonomous robots. I provide the essential working definitions of ‘autonomous’ as well as the legal notion of ‘foreseeability’ which lies at the heart of tort liability. The note is not concerned with the policy, ethics, or other issues arising from the use of robots including armed and unarmed drones, because those, as I define them, are not currently autonomous, and do not implicate the legal issues I ...


Trials And Tribulations, Curtis E.A. Karnow Jan 2013

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 Jan 2013

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 Jan 2012

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


Revising The California Style Manual, Curtis E.A. Karnow Dec 2011

Revising The California Style Manual, Curtis E.A. Karnow

Curtis E.A. Karnow

The note compares styles of legal writing and citation form, and urges changes to style manuals to enable smoother writing, a minimum of citation, and plain English.


Admissibility Of Electronic Documents, Curtis E.A. Karnow Jan 2011

Admissibility Of Electronic Documents, Curtis E.A. Karnow

Curtis E.A. Karnow

A comprehensive inventory of issues involved in the introduction of electronic evidence, including practical alerts


Timing Settlement, Curtis E.A. Karnow Jan 2011

Timing Settlement, Curtis E.A. Karnow

Curtis E.A. Karnow

A review of empirical and theoretical research pertaining to the effective timing of settlement conferences, and the factors affecting success at settlement.


Statistics In Law: Bad Inferences & Uncommon Sense, Curtis E.A. Karnow Jan 2011

Statistics In Law: Bad Inferences & Uncommon Sense, Curtis E.A. Karnow

Curtis E.A. Karnow

A review of classic fallacies in statistics and probability in the courts. The article briefly, and in plain English, provides an introduction to probability theory, and randomness.


A Vaguely Jocular Guide To In Limine Motions, Curtis E.A. Karnow Sep 2010

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