The Litigation Manual: First Supplement

Cover
Priscilla Anne Schwab
American Bar Association, 2007 - 1176 Seiten
Innovation is increasingly recognized as a vitally important social and economic phenomenon worthy of serious research study. Firms are concerned about their innovation ability, particularly relative to their competitors. Politicians care about innovation, too, because of its presumed social and economic impact. However, to recognize that innovation is desirable is not sufficient. What is required is systematic and reliable knowledge about how best to influence innovation and to exploit its effects to the full. Gaining such knowledge is the aim of the field of innovation studies, which is now at least half a century old. Hence, it is an opportune time to ask what has been achieved and what we still need to know more about. This is what this book sets out to explore. Written by a number of central contributors to the field, it critically examines the current state of the art and identifies issues that merit greater attention. The focus is mainly on how society can derive the greatest benefit from innovation and what needs to done to achieve this. However, to learn more about how society can benefit more from innovation, one also needs to understand innovation processes in firms and how these interact with broader social, institutional and political factors. Such issues are therefore also central to the discussion here.
 

Ausgewählte Seiten

Inhalt

Bridging the Gender Gap
1
Learning the Craft
13
Picking a Winner
31
Communicating with Clients
41
Motions and Other Considerations
51
Cheating in the 21st Century
53
The Joy of Motion Practice
65
Preliminary Injunctions Look Before You Leap
80
Home Field Advantage The Opening Statement That Closes
605
The New Commandments of CrossExamination
616
Effective Use of Depositions at Trial
625
Teaching through Experts Changing the Obscure to the Obvious
636
Streetwise Litigation Legitimate Tactics for Operating Outside the Rules
653
Keeping It Simple in the Court TV Age Is Less Still Sometimes More?
667
Jury Instructions A Road Map for Trial Counsel
680
Closing Argument A String of Pearls
698

Excuse Me Your Jurisdiction Is Missing
92
Contingency Fees Weigh the Odds
103
Focusing When Less Is More
112
The Truth About Lying
128
It Depends on the Meaning of Ex Parte
138
Motions in Limine The Little Motion That Could
155
Discovery and Depositions
169
The Discovery Plan
171
Developing Evidence from Nonparties
188
Reading Other Peoples Mail
205
A Primer on Evidence
216
From Streets to Suites Private Investigators in Civil Cases
236
Identifying and Combating Discovery Abuse
250
Deposition Essentials New Basics for Old Masters
267
Preparing a Witness for Deposition
281
130 Rules for Every Deponent
296
Talking Green Showing Red Why Most Deposition Preparation Fails and What to Do About It
305
Expert Approaches
318
At Trial
335
Setting Up
337
Judge or Jury?
339
Summary Judgment Put Up or Shut Up
352
Preparing for Spontaneity at Trial
376
Humbling Experiences Trials of Small Claims
387
Rule Traps
397
Memory
417
Evidence
435
From the Bench What Works Evidence from a Trial Judges Perspective
437
Demonstrative Exhibits on a Budget
452
Summary Evidence
469
An Indelicate Balance Rule 403 of the Federal Rules of Evidence
480
Hearsay Juries White Elephants and Hippopotamuses
491
The In Place to Be Getting That Document into Evidence
514
Tactics
533
Selecting Jurors
535
Deselecting the Jury in a Civil Case
549
The Care and Feeding of Jurors
564
Starting on the Right Foot Effective Opening Statements
579
What You May Not Say to the Jury
715
Pointers on Preserving the Record
728
Damages et al
745
Litigating Damages Actual and Punitive
747
Corporate Wealth The 800 Pound Gorilla That Sabotages Fair Adjudication of Punitive Damages
761
Settle or Roll the Dice?
772
How to Borrow a Mediators Powers
786
Appeals
803
Think Before You Act
805
The PostConviction Lawyer
807
Interlocutory Appeals
827
Travelogue of Appellate Practice
842
Setting Up Your Appeal
852
You Better Shop Around Appellate Forum Shopping
868
Certiorari Practice The Supreme Courts Shrinking Docket
879
Arguing for Changes in the Law
904
Writing and Arguing
919
Effective Appellate Advocacy
921
Writing Winning Briefs
935
Just a BriefWriter?
944
Oral Argument The Continuing Conversation
954
Aftermath
967
Special Problems
969
Daubert After a Decade
971
Defending the Bankruptcy Criminal A Primer
987
Handling a Plaintiffs Sexual Harassment Case
1000
Checkmate in Class Actions Defensive Strategy in the Initial Moves
1016
Forensic DNA Case Evaluation and Litigation
1033
Qui Tam Litigation
1053
Lawyer Problems
1067
The Ten Most Common Ethical Violations
1069
The Conflicting Roles of Lawyer as Director
1084
Lying Clients An AgeOld Problem
1097
Tactics in a Disciplinary Proceeding
1113
Legal Malpractice and Evidence from Experts
1122
Your Clients Employee Is Being Deposed Are You Ethically Prepared?
1145
ABOUT THE EDITOR AND CONTRIBUTORS
1163
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