Judge, Superior Court of California, County of San Francisco. Articles on
settlement, electronic discovery, statistics, and other topics. Two of the articles
previously posted, on Conflicts of Interest and Setting Bail for Public Safety, have been
very substantially edited and revised. They are now published as “Conflicts of Interest
And Institutional Litigants,” 32 The Journal of The Legal Profession 7 (2008) and
“Setting Bail for Public Safety,” 13 Berkeley Journal of Criminal Law 1 (2008).
"What's Your Weirdest Case" is now part of a volume available from Amazon
Books designed to introduce teachers and students to the courts. Further articles are
published in other law reviews. 

Electronic Discovery

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E-Discovery Issues, U.C. Hastings College of the Law (2013)

Bullet point outline of e-discovery issues

 

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Admissibility of Electronic Documents, Revised Presentation to SF Bar Assn. (2011)

A comprehensive inventory of issues involved in the introduction of electronic evidence, including practical alerts

 

Statistics

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Statistics In Law: Bad Inferences & Uncommon Sense (2011)

A review of classic fallacies in statistics and probability in the courts. The article briefly,...

 

Settlement and mediation

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Cognitive Fallacies Reading List (2013)

Reading list of books, articles, reports, and other material relating to cognitive fallacies, i.e., errors...

 

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TIMING SETTLEMENT (2011)

A review of empirical and theoretical research pertaining to the effective timing of settlement conferences,...

 

Education On The Law

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What's Your Weirdest Case? Judges Answer Questions On The Courts (2012)

Section 1 answers scores of questions posed to the judges of the Superior Court by...

 

Experts

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Sargon and the Science of Reliable Experts, ABTL Report (2013)

An examination of some implications of the Sargon case for the admissibility of expert evidence...

 

Computer law

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The application of traditional tort theory to embodied machine intelligence (2013)

This note discusses the traditional tort theories of liability such as negligence and strict liability...

 

Litigation

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The Temptation of Common Sense, Daily Journal (2014)

The fallacies of invoking arguments from ‘common sense’ in legal briefs.

 

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Sealing Records, Daily Journal (2013)

Practical tips on sealing records in California state courts

 

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Trials and Tribulations (2013)

A collection of practical tips and advice for litigators new to the bar, and for...

 

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A Vaguely Jocular Guide to In Limine Motions, Daily Journal (2010)

A short review of problematic in limine (pre trial) motions

 

Decision making

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Cognitive Fallacies Reading List (2013)

Reading list of books, articles, reports, and other material relating to cognitive fallacies, i.e., errors...

 

Legal Writing

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“Clear Beyond the Peradventure of a Doubt,” Or, Plain English, The Daily Journal (2014)

The article urges judges and lawyers to write briefs and opinions in plain English. This...

 

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Revising the California Style Manual, San Francisco Attorney (2012)

The note compares styles of legal writing and citation form, and urges changes to style...

 

Judicial Ethics

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A Free Lunch In Chicago, The Bench (2014)

A discussion of the ethical issues implicated by judges’ acceptance of travel and related expenses...