This book is an examination of the reception of critical race theory (CRT) in America’s legal education system. Critical race theory has been roiling legal education since the aftermath of Obama’s presidency. The killings of unarmed Black people fueled Black Lives Matter (BLM) protests in law schools, which created a sense of urgency behind the plea for the law to do more to stop the killings of unarmed Black people. Some BLM-led protests called for faculty and administers to be fired if they didn’t act. There has been an upsurge of states legislating against the teaching of CRT, and law schools are struggling to respond. How should legal education view CRT? What are the neutral unifying values in the law that offer hope in the fight to alleviate the wave of racism that seems to continually batter law schools and society as a whole? This book looks for answers, and encourages the recommittal to the foundationalist beliefs of free speech, equality, and the due process of law.
This book argues that it can be beneficial for the United States to talk with 'evil' - terrorists and other bad actors - if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.
When a trial lawyer stands before a jury to argue a case about a Black victim killed by a white person, how should the lawyer best argue the case? Critical race theorists (CRTs) are pessimistic that a white jury can set aside its own racism in judging the Black victims’ actions, and are skeptical of a jury’s ability to fairly judge a white actor’s motives. Before the George Floyd and Ahmaud Arbery killings, there was strong evidence (The Innocence Project) that the CRTs were right. After all, the prosecutors in the Ahmaud Arbery case were so convinced that a white jury in a Georgia county would not convict white vigilantes, that they initially didn’t even charge the killers with a crime. However, then, back-to-back, in both cases, prosecutors prosecuted, and the jury returned guilty verdicts. They convicted Derrick Chauvin of murder. They convicted Travis and Gregory McMichael and “Roddie” William Bryant of murder. This book examines the how and why of these verdicts and asks whether they hold lessons vital to withstanding CRT challenges to the American justice system.
In this compact and easy-to-use handbook, David Malone and Paul Zwier provide practical advice on every aspect of creating, discovering, using, offering and opposing exhibits in litigation. What are the new self-authenticating rules for email, text and social media evidence Does your expert need some excitement in his presentation? Are you unsure what the judge means when she says, “What’s the foundation for this exhibit under the Original Document Rule, counsel?” Are you worried that your opponent’s graphics—or your own—may be misleading? If your questions have to do with exhibits—from intersection diagrams on the blackboard to computerized re-creations in the courtroom—you can find them in Exhibit Rules.
Paul Zwier and David Malone examine the rules of evidence and ethics that govern the relationship of experts to lawyers, experts to juries, and experts to courts, all in a manner that resolves these issues.
This book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace agreements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities. The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice. The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders’ religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.
In Legal Strategy, well-known professor, Paul J. Zwier focuses on pre-litigation, transactional, and negotiation processes, and describes each in a way that brings together the basics of each discipline. Zwier describes how, once a lawyer determines the end goal the client desires, the lawyer must explore the facts and procedural alternatives most likely to get there. By getting lawyers to focus in a continual exercise of deliberating on what matters most, Zwier sets forth three steps in legal strategy: fact investigation, client counseling, and implementations of the client's decision.
In a successful litigation, it isn’t enough to know the facts. You must also know how to interpret and use those facts, and thoughtfully delving into the stories behind them is a crucial task if you hope to prevail for your client. Fact Investigation, by longtime NITA authors Paul Zwier and Anthony Bocchino, will change the way you approach cases for the rest of your career. Every litigator’s investigation begins where the “official” investigation ends. During informal fact investigation, you must know how to engage your client so he shares the facts and stories critical to his case, then use them not just to develop but to implement a winning case theory. How do you do that? It all starts with your first meeting with your clientand what you say and how you do it. Find out how your word choice and body language lay the groundwork for connecting with your client, and how to establish the openness and trust that yield what you need to build a compelling case and be a persuasive advocate. From that client information, the authors take you through the steps necessary to build and implement effective alternative case theories that will inform your fact investigation process and lay the foundation for efficient use of formal discovery devices. Zwier and Bocchino model these practice skills through four familiar NITA case files: Quinlan v. Kane Electronics (business/contract case), Brown v. Byrd (auto accident and personal injury case), State v. Lawrence (criminal robbery case), and United States ex rel. Rodriguez v. Hughes (False Claims Act case). When you see these techniques modeled as case studies, you understand how to integrate them into your overall case planning and learn how to confront the thorny ethics of day-to-day lawyering. The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn’t involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client’s competing rights to both speech and privacy in our highly discoverable online world. From explaining how to use your opposing party’s social media indiscretions against it to helping you make sense of new federal rules that limit the use of electronic evidence, Zwier and Bocchino tell you everything you must know about the impact of e-discovery on the modern litigation practice.
Expert Rules answers the most commonly asked questions about experts: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct, and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? Even though Daubert is almost twenty-five years old, most attorneys are only familiar with its application to the experts they see most—local doctors. Expert Rules provides attorneys with the help they need to confront new fields manned by new or unusual experts. This concise, easy-to-follow guide provides practical and in-depth information on how to deal with an expert—from finding the expert, to helping the expert prepare her report, deposing and defending the expert, conducting expert direct and cross-examination, and helping the expert prepare factual, informative, and persuasive testimony. And this fourth edition contains new rules and strategies for experts, including strategies for preparation, mining the Internet in discovery, using exhibits, highlighting key points on direct, and more effective cross-examinations.
For Fred Yount, the chance to become financial high-roller Hal Molitor's protege was a dream come true. By working hard in Hal's business ventures, this trusted young lieutenant, partner, and friend became like the son Hal had never had-and for their part, Fred and his wife enjoyed the perks of work and play with Hal. But when Hal's "investment" operation drew scrutiny from the SEC, the economy turned bearish, and Hal refused to reimburse Fred's business travel expenses, Fred wisely tried to take the money and run-only there was no money. Hal invalidated Fred's severance agreement, and Fred was broke despite almost two decades of loyal service. Penniless and feeling swindled out of what was promised to him, Fred sued for breach of contract, ultimately advancing the question of how to value restricted, lightly traded penny stocks in his now-disputed severance agreement. In this novel case of finance and flirtation, students will discover that there's nothing like fifteen years of easy money, boozy dinners, and skinny-dipping by moonlight to complicate a lawsuit. Yount v. Molitor tests the student's advocacy and non-medical expert witness examination skills through this full trial, which includes two fact witnesses per side, expert witnesses in stock valuation, and electronic evidence in the form of email, texts, and Facebook posts on online "microsites." The plaintiff and defendant versions of this case file are self-contained and can be used independently of one another to teach deposition skills. Full color exhibits are available online.
NITA would like to acknowledge that this case file was produced through Emory’s Center for Advocacy and Dispute Resolution, with a special thanks to Reuben Guttman and the firm of Grant & Eisenhofer for their help in authoring the materials. The four case files of United States ex rel. Rodriguez v. Hughes, et al. explore the suit brought by Juan Rodriguez, a prominent engineer, who acted as a whistleblower against his employer, Hughes Aircraft, for violations of the False Claims Act. Richard Hughes (CEO of Hughes Aircraft) learned that the United States Department of Defense (DOD) was looking for a new helicopter to provide to the Mexican government as part of the United States' Mérida Initiative, which provided Mexico resources to help it fight its war against the drug cartels. Hughes, on behalf of Hughes Aircraft, entered into a sole source contract with the DOD. Hughes was favorably positioned to do so as it was the sole manufacturer of the Screaming Eagle helicopter S-70, the model the DOD was seeking to purchase. Rodriguez's employment background put him in a position to ascertain whether his employer, Hughes Aircraft, was making false claims to the DOD. Initially, Rodriguez had been employed at Sikorsky Aircraft Inc., a predecessor of Hughes, working in the design and manufacture of the first Screaming Eagle helicopters. Later Sikorsky Aircraft was bought by Hughes Aircraft. During his tenure at Hughes, Rodriguez had designed and retrofitted early versions of the Screaming Eagle helicopter. When retrofitted with heavy missiles, one of the first versions, the UH-A, suffered cracks on landing. Accordingly, metals intended to help crash-proof the helicopter were added to the design. Hughes also started to employ Magnaflux testing to ensure that later versions of the Screaming Eagle did not have subsurface cracks. Rodriguez claims that he saw cracks in the cabin of one of the Screaming Eagles Mexico helicopters, and that he also saw workers welding over the cracks. Rodriguez claimed that he considered the welding over of cracks in the cabin of the Screaming Eagle a "cover up" of the failure to conduct testing and thus an act of fraud—passing on defective helicopters to the governments of the United States and Mexico.
In Doug Li v. John Ross and Ross Construction Co., Inc., the plaintiff, a Chinese-American, claims he had a significant business relationship with Michelle Greenwood and that the defendant, his brother-in-law, improperly interfered with that relationship by making a series of improper and false statements about the quality of his work. As a result of these statements, the plaintiff claims that Greenwood broke off her relationship with him and instead gave the contract to the defendant's company, Ross Construction Company. The plaintiff also believes that the defendant not only bears a personal grudge, but an ethnic bias as well. There are three witnesses for the plaintiff and five witnesses for the defendant. The case file deals with issues of tortious interference with a contract, tortious interference with prospective economic advantage, slander, and punitive damages and contains ample material for motion practice. This third edition also contains new social media exhibits. It is available in four versions: Trial, Faculty, Plaintiff, and Defendant.
In Doug Li v. John Ross and Ross Construction Co., Inc., the plaintiff, a Chinese-American, claims he had a significant business relationship with Michelle Greenwood and that the defendant, his brother-in-law, improperly interfered with that relationship by making a series of improper and false statements about the quality of his work. As a result of these statements, the plaintiff claims that Greenwood broke off her relationship with him and instead gave the contract to the defendant's company, Ross Construction Company. The plaintiff also believes that the defendant not only bears a personal grudge, but an ethnic bias as well. There are three witnesses for the plaintiff and five witnesses for the defendant. The case file deals with issues of tortious interference with a contract, tortious interference with prospective economic advantage, slander, and punitive damages and contains ample material for motion practice. This third edition also contains new social media exhibits. It is available in four versions: Trial, Faculty, Plaintiff, and Defendant.
In Doug Li v. John Ross and Ross Construction Co., Inc., the plaintiff, a Chinese-American, claims he had a significant business relationship with Michelle Greenwood and that the defendant, his brother-in-law, improperly interfered with that relationship by making a series of improper and false statements about the quality of his work. As a result of these statements, the plaintiff claims that Greenwood broke off her relationship with him and instead gave the contract to the defendant's company, Ross Construction Company. The plaintiff also believes that the defendant not only bears a personal grudge, but an ethnic bias as well. There are three witnesses for the plaintiff and five witnesses for the defendant. The case file deals with issues of tortious interference with a contract, tortious interference with prospective economic advantage, slander, and punitive damages and contains ample material for motion practice. This third edition also contains new social media exhibits. It is available in four versions: Trial, Faculty, Plaintiff, and Defendant.
In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
This book argues that it can be beneficial for the United States to talk with 'evil' - terrorists and other bad actors - if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.
In Legal Strategy, well-known professor, Paul J. Zwier focuses on pre-litigation, transactional, and negotiation processes, and describes each in a way that brings together the basics of each discipline. Zwier describes how, once a lawyer determines the end goal the client desires, the lawyer must explore the facts and procedural alternatives most likely to get there. By getting lawyers to focus in a continual exercise of deliberating on what matters most, Zwier sets forth three steps in legal strategy: fact investigation, client counseling, and implementations of the client's decision.
Paul Zwier and David Malone examine the rules of evidence and ethics that govern the relationship of experts to lawyers, experts to juries, and experts to courts, all in a manner that resolves these issues.
In this compact and easy-to-use handbook, David Malone and Paul Zwier provide practical advice on every aspect of creating, discovering, using, offering and opposing exhibits in litigation. What are the new self-authenticating rules for email, text and social media evidence Does your expert need some excitement in his presentation? Are you unsure what the judge means when she says, “What’s the foundation for this exhibit under the Original Document Rule, counsel?” Are you worried that your opponent’s graphics—or your own—may be misleading? If your questions have to do with exhibits—from intersection diagrams on the blackboard to computerized re-creations in the courtroom—you can find them in Exhibit Rules.
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