Character evidence occupies a peculiar place in the criminal justice system. It is whispered about in jury deliberations, debated fiercely in motions in…
Articles
Character evidence and its influence on criminal trial outcomes
When precedent collides with modern reality
Legal precedent is supposed to make law predictable. Once a court decides a disputed question, later judges and lawyers are expected to work within that…
The History of Habeas Corpus in the United States
Habeas corpus is one of the oldest legal safeguards against unlawful imprisonment. Its name comes from the Latin phrase meaning “you shall have the body”,…
Preparing for Oral Argument With Precision and Purpose
Oral argument is often mistaken for a performance measured by confidence, speed, or rhetorical force. In practice, the strongest advocacy usually looks…
Legal storytelling from brief to bench
Legal storytelling is the disciplined art of turning complex material into a coherent account that a court can follow, test, and remember. It involves…
What the Supreme Court’s Docket Says About America
The United States Supreme Court’s docket is more than a register of disputes awaiting judgment. It is a moving record of the country’s anxieties, ambitions and…
The Duty of Loyalty in Corporate Law
The duty of loyalty is a central rule of corporate governance. It requires directors and senior officers to put the company’s interests ahead of personal…
Litigating Intellectual Property Disputes in the Digital Era
Intellectual property disputes have moved well beyond the traditional contest over a patent specification, shop sign, or printed publication. A business may…
Why the Founders Feared a Centralized Judiciary
For more than a century before Philadelphia's 1787 convention, American colonists lived under the eyes of Crown-appointed judges who travelled circuit on…
Tracing the evolution of evidence rules in federal courts
Federal evidence rules did not arrive fully formed. They grew out of centuries of common law practice, decades of codification efforts, and the relentless…