Dr. Ken Broda-Bahm: You’re in the first moments of jury selection, looking at the pool of fresh and still-unknown panelists. At this early phase, those who are talking or itching to talk are, without fail, those who want out: They’re self-employed, have significant work responsibilities coming up, are booked for an upcoming vacation, or all of the above, and they want you and the judge to know it. The rest of the group, however, is settled in, apparently focused on just getting through this exercise with a minimum of attention directed at them. They are keeping quiet and they’re not eager

By Dr. Ken Broda-Bahm: It’s probably one of the most unfair biases, but also one of the most ingrained. Human beings prefer attractive people over unattractive people, and that is likely tied to our evolutionary biology. Referred to sometimes as “lookism” the bias confers a number of advantages on those who are socially perceived to be attractive. Ultimately, it boils down to much more than just a preference in partners. There is also a “halo effect” that creates a tendency to attribute a wide variety of other positive traits to those who are viewed as attractive. They’re seen as being

By Dr. Ken Broda-Bahm: When it comes to sizing up our potential jurors, we are used to looking at their politics. Both conventional wisdom and practical experience suggest that conservatives are more likely to prioritize individual responsibility while liberals focus on social responsibility. That means that in many cases — not all, but many — political leaning plays a role in how a juror might assign responsibility in a civil case. Increasingly, though, there is a need to look beyond the liberal/conservative binary to see meaningful divisions within the two sides of the spectrum. Particularly among Republicans, there is an

By Dr. Ken Broda-Bahm: Here’s one area where there’s a conflict between social science and practical intuitions: Should the civil defendant offer their own damages number to anchor jurors on a lower amount? The social science on the subject is relatively clear: If the jurors get to the point of awarding damages, a lower number from the defense will help keep the award lower than it otherwise would have been. But in practice, defendants can be reluctant to offer that number, fearing that it will look like the defense concedes the point that damages should be awarded, with the alternate

By Dr. Ken Broda-Bahm: After threatening that me might end his musical career if the jury went the other way, popular musician Ed Sheeran can now continue his line of work. According to a federal jury in New York earlier this month, Sheeran’s 2014 song “Thinking Out Loud” did not copy the musical structure of Marvin Gaye’s 1973 classic, “Let’s Get It On.” As one of the most highly-watched artistic copyright cases in many years, the trial was broadly seen as setting the course for other cases. Sheeran, however, succeeded in convincing the jury that his song was made up of “common building