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August 10, 2026
Are Judges Making it Harder or Easier for Jurors to Admit Bias?
By Dr. Ken Broda-Bahm: My experience says “harder,” and that experience is reinforced to some extent, but also challenged to some extent, by an analysis conducted by researchers...
April 29, 2026
Don’t Just Ask IF a Potential Juror Can “Set Aside” Bias, Ask Them HOW They’ll Do It
By Dr. Ken Broda-Bahm: In a recent jury selection — and, pretty much, in every jury selection — I have watched as several on the panel would share various connections, attitudes...
March 24, 2026
Account for a Partisan Frame on a Corporate Scandal
By Dr. Ken Broda-Bahm: In a Los Angeles Civil trial, jurors recently heard arguments over whether some of the largest and most powerful companies in the world engaged in a secret...
February 17, 2026
Defendants, Look Out for Anti-Corporate Conspiracists on Your Jury
By Dr. Ava Zwolinski and Dr. Ken Broda-Bahm: Americans have long viewed large organizations, both governmental and corporate, with considerable skepticism. In civil litigation...
January 27, 2026
Don’t Reduce Jurors to Their Political Identities (But Don’t Ignore It Either)
By Dr. Ken Broda-Bahm: Whether we are talking about Minnesota or Greenland, or a score of other contested narratives within the field of political conflict, the role of a person’s...
October 27, 2025
Address the Off-Stage Character in Your Trial Story: Settlement
By Dr. Ken Broda-Bahm: Supporters of America’s traditional jury trials like the idea of a system of conflict resolution based on evidence, reasoning, and the public’s judgment...
October 07, 2025
Oral Voir Dire: Know Your Purpose
By Dr. Ken Broda-Bahm: How effectively does counsel and the court question potential jurors as part of the selection process? New research in the journal Language in Society...
September 30, 2025
Assess Regulator Credibility Within Your Trial Narrative
By Dr. Ken Broda-Bahm: Civil cases generally involve a mix of individuals and corporations. While the government can be a party, more often state or federal officials are playing...
August 05, 2025
Don’t Activate a Bad Frame
By Dr. Ken Broda-Bahm: There is a well-known principle in communication circles, first expressed by cognitive scientist George Lakoff: “When we negate a frame, we evoke the...
June 30, 2025
Keep Doing Your Own Writing
By Dr. Ken Broda-Bahm: I’m old enough to feel okay claiming full “curmudgeon” status when it comes to A.I. as a writing tool. I know some will say that puts me behind the times...