The Litigation Manual: First SupplementPriscilla 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. |
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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