Did biology or free will cause Charles Whitman, the notorious University of Texas sniper, to kill 16 people in cold blood, including his wife and mother? An autopsy revealed the former Eagle Scout and Marine had a tumor in his amygdala, the center of aggression and fear. Whitman had sensed something was wrong in his […]

The practice of allowing jurors to ask witnesses questions during trial is becoming more common, with at least three states – Arizona, Colorado, and Indiana – requiring it. One of the reasons allowing jurors to ask questions worked so well during the recent CEATS trial in the Eastern District of Texas was Chief Judge Davis’ […]

Texas Lawyer sponsored a panel yesterday in Dallas, entitled Patent Practice: A View from the Bench. To my surprise and delight, Chief Judge Leonard Davis announced he had experimented with allowing jurors to ask questions during his most recent trial, CEATS Inc. v. Continental Airlines, et al. Judge Davis was encouraged by the process, commenting […]

Do you remember having serious “discussions” – aka arguments – with your parents? Was that a pleasurable or a stressful experience for you? As you answered their questions, did the words flow gracefully off your tongue or did you find yourself blurting out information in a way that later caused regret? Being questioned about your […]

After facilitating a number of shadow juries over the years, I have developed strong opinions about the differences between a good shadow jury and a great shadow jury. A well-run shadow jury is a powerful litigation tool that gives quality, real-time feedback about each day in court – a clear advantage in complex litigation. Shadow […]