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Problems in Trial Advocacy
No full textLooking to add practical skills to your class or training? Problems in Trial Advocacy is the ideal resource. Updated for the 2023 Edition, Problems in Trial Advocacy is the premier volume for realistic and accessible courtroom simulations. With problems based on real trials, both civil and criminal, this series of vignettes guides the reader through opening statements, direct and cross-examination of lay and expert witnesses, exhibit introduction, witness impeachment, and closing arguments. These hands-on exercises include a variety of electronic exhibits, providing practice for the contemporary courtroom experience. Problems in Trial Advocacy lets students practice their courtroom skills without memorizing a full case file of facts. Problems in Trial Advocacy is the advocacy standard, updated with modern challenges to advocacy skills.https://scholarship.law.duke.edu/faculty_books/1014/thumbnail.jp
The Income Tax, the Constitution, and the Unrealized Importance of Helvering v. Griffiths
Get PDFThe Supreme Court recently granted certiorari in Moore v. United States, for the purpose of deciding whether the realization doctrine remains a constitutional limitation on Congress\u27s ability to impose an unapportioned income tax, as the Court held in its famous 1920 decision in Eisner v. Macomber. Although it is natural to look to 1920 and Macomber as the cause of today\u27s uncertain scope of the congressional power to tax income, what did not happen in the Court\u27s 1943 decision in Helvering v. Griffiths is as significant as what did happen in 1920. the presence of Moore on the Court\u27s docket today depends on Macomber\u27s wildly improbable survival in 1943. That survival was the product of a perfect storm of unlikely circumstances. This article tells the story of Helvering v. Griffiths, and how Congress and the Roosevelt administration snatched defeat from the jaws of victory, with a crucial assist from Justice Jackson
Smart Money for the People: Using Financial Innovation and Technology to Promote ESG
Get PDFTraditional fiat currencies managed by governments and central banks have had negative impacts on environmental, social, and governance (ESG) goals. Central banks in mature democracies pursue policies that prioritize economic growth and high employment. However, these policies often lead to inflation, eroding the savings and pension funds of average citizens and encouraging risky behavior by banks and entrepreneurs. The pursuit of endless growth is socially and environmentally unsustainable. Leaders in developing countries and dictatorships use expansive monetary policy to maintain their positions, further exacerbating the situation. Convertible fiat currencies moving across borders in untraceable transactions evade regulation and taxation, with trillions hidden in offshore tax havens. Virtual or crypto currencies on a blockchain can address these issues. Transactions on a public blockchain are transparent, traceable, and immutable, and monetary policy is controlled by algorithms, free from political influence. However, existing crypto currencies like Bitcoin and Ethereum have failed to align with ESG goals and have harmed the environment. They favor large capital holders and allow illicit money movements. Blockchain technology can be used differently, however. A virtual currency with strong governance, pegged to a currency basket, could be designed to build trust and appreciate in value, promoting savings, sustainability, and value preservation. Stringent KYC and AML procedures, along with transparent blockchain transactions, would simultaneously reduce illicit financial activities. The article outlines the key features of Smart Money, a new generation virtual currency eliminating all major shortcomings of traditional fiat currencies and of early generation crypto currencies
Addressing Green Energy\u27s Resource Curse
Get PDFPolicy changes that encourage non-fossil fuel energy mean increased reliance on batteries and other technologies that must develop rapidly. This article focuses on batteries, noting that key inputs come from corrupt countries, so little of the benefits of exports flow to citizens, and many key finished mineral products come from China. The United States thereby becomes more reliant on autocratic regimes. Using cobalt as an example, this article looks at the nature of its production, the inability of the United States to shoulder its share of the environmental burden of mineral extraction and refining, and looks to previous examples of countries cursed with valuable resources desired by wealthy countries. It also hints as to how the resource curse problem may be addressed based on the mineral extraction history of the United States
Social Cognitive Processes Explain Bias in Juror Decisions
No full textJury decisions are among the most consequential social decisions in which bias plays a notable role. While courts take measures to reduce the influence of non-evidentiary factors, jurors may still incorporate biases into their decisions. One common bias, crime-type bias, is the extent to which the perceived strength of a prosecutor’s case depends on the severity of the crime. Moral judgment, affect and social cognition have been proposed as core processes underlying this and other biases. Behavioral evidence alone has been insufficient to distinguish these explanations. To identify the mechanism underlying crime-type bias, we collected functional magnetic resonance imaging patterns of brain activation from mock jurors reading criminal scenarios. Brain patterns from crime-type bias were most similar to those associated with social cognition (mentalizing and racial bias) but not affect or moral judgment. Our results support a central role for social cognition in juror decisions and suggest that crime-type bias and cultural bias may arise from similar mechanisms
