Historical research can change the shape of a case before the first witness takes the stand. A deed from an earlier generation, a regulatory circular, a…
Articles
A Trial Lawyer’s Guide To Historical Research In Litigation
The Court’s role in America’s presidential disputes
When a president clashes with Congress, a state government, or another branch, the dispute can become a question of constitutional power. The Supreme Court’s…
How to Argue Damages in a Commercial Lawsuit
Commercial litigation is rarely decided by the volume of evidence alone. The court must identify a compensable loss, connect it to the defendant’s conduct, and…
The Judiciary Act of 1789 and the making of American federal justice
The Judiciary Act of 1789 turned a constitutional promise into a working court system. Article III required a Supreme Court and allowed Congress to create…
Why juror questionnaires matter in high-stakes trials
High-stakes trials put more than money or liberty at stake. A corporate fraud case, banking dispute, serious criminal prosecution or multi-party claim can turn…
From the courtroom to the page: writing a legal book
A legal book rarely begins with a blank page. It begins with a case file, a line of testimony, or a problem that seemed contained inside a courtroom. To turn…
How the Fourteenth Amendment Remade American Law
The Fourteenth Amendment to the United States Constitution, ratified in 1868, changed the legal meaning of citizenship. Its first sentence declared that…
Why The Jury System Remains A Cornerstone Of Democracy
A jury is one of the clearest places where democratic authority becomes practical. A group of ordinary citizens hears evidence, weighs competing accounts and…
Litigating unfair trade practices: a case study
An unfair sales statement is not automatically a cause of action. Litigation turns on the governing statute, the words used, the context in which the recipient…
The New Deal’s living legacy in constitutional law
The New Deal survives in modern U.S. constitutional law less as a single doctrine than as a changed understanding of what constitutional government may…