The retreat from civil jury adjudication is one of the least visible changes in modern litigation. Commercial parties, insurers and public bodies now reach…
Articles
The decline of the civil jury trial and what it means for litigants
Statutes of limitations: justice on the clock
Statutes of limitations set a deadline for bringing a civil claim. The clock may begin at the date of injury, breach, or discovery, rather than at the moment…
The ethics of social media evidence in civil litigation
A damaged windscreen, missed repair deadline or disputed account can generate a digital trail before mediation. A photograph may capture damage; a message may…
The Marshall Court and the measure of judicial power
What the Marshall Court Teaches About Judicial Power is not simply a story about a strong chief justice. John Marshall’s Court changed the place of law in…
Trial strategy when the opposing expert has a conflict of interest
Australian litigators often encounter a deceptively simple problem: the opposing expert has been retained by the other side, and the document trail suggests a…
The Role of Amicus Briefs In Shaping Supreme Court Opinions
A Supreme Court case is formally presented by the parties before the justices, yet the legal contest rarely remains confined to the litigants. Trade…
Why legal metaphors can mislead judges and juries
Law does not reach the evidence without words. Counsel choose descriptions, witnesses recall events in stories, and judges and jurors must turn those accounts…
Lessons from Pennsylvania’s landmark state constitutional cases
Pennsylvania’s constitutional litigation offers Australian lawyers lessons that extend beyond borrowed doctrine. These cases show how courts turn broad…
How the Alien Tort Statute Shapes Modern Human Rights Claims
Enacted in 1789 as part of the First Congress, the Alien Tort Statute began as a maritime and commercial rule allowing certain foreign citizens to seek redress…
The Danger of Presumptions in Jury Instructions
Jury instructions translate abstract rules into a factfinder’s working language. A judge may tell jurors what law requires, what evidence they may consider,…