September 27, 2023 | Daily Business Review
The Psychology of Persuading Jurors in the TikTok EraVery soon, you are going to have to figure out a way to reach the minds of people who are used to absorbing information from 30-second bites on TikTok.
By David Oscar Markus and Kate Emily Markus
4 minute read
September 09, 2022 | Daily Business Review
Judges: Be Kind and Remember Your RootsIn the old days, most judges worked with the litigants to find a time that worked with everyone's schedule for a hearing or a trial. But now, there are instances when lawyers are summarily notified by email that something has been scheduled, sometimes with only a day's notice. And then the waiting game starts for the order.
By Kate Markus and David Oscar Markus
4 minute read
July 18, 2022 | Daily Business Review
'Dobbs' Will Open the Floodgates to LitigationMy co-author and father was born in 1972, almost 50 years ago. (Sorry, dad). The next year, in 1973, the Supreme Court ruled in Roe v. Wade that the…
By Nicole Jane Markus and David Oscar Markus
5 minute read
May 31, 2022 | Daily Business Review
The Foolishness of Our Federal Criminal CodeBecause our trial system has turned almost exclusively into a system of pleas (97% of cases resolve by way of plea agreement), one might think that all of these prosecutions must be justified. That could not be further from the truth.
By David Oscar Markus and Kate Emily Markus
4 minute read
May 02, 2011 | Daily Business Review
Commentary: When liberty is at risk, fair disclosure requiredDespite the ABA's suggestion to the federal criminal rules that prosecutors be required to turn over all favorable information to the defense, not just "material" evidence, the Criminal Rules Advisory Committee voted down the proposed rule change.
By David Oscar Markus
4 minute read