Might Does Not Make Right: Reforming the Federal Government’s D’Oench Duhme and 12 U.S.C. §1823(e) Superpowers in Failed Bank Litigation
80 Minn. L. Rev. 1323 (June, 1996)
Discussing unfair litigation powers of the federal government when it seizes a failed or failing financial institution and litigates against former borrowers and others on behalf of the institution.
The Discriminatory Impact of Traditional Lending Criteria: An Economic and Moral Critique
29 Set. Hall L. Rev. 1467 (1999)
Discussing racial lending discrimination and suggesting substantial reform of traditional credit scoring systems so that “objective” creditworthy criteria does not have a discriminatory impact on racial and ethnic minorities).
Where the Not so Wild Things Are: Computers In the Courtroom, The Federal Rules of Evidence, and the Need for Institutional Reform and More Judicial Acceptance,”
Harvard Journal of Law & Technology
Volume 13, Number 2 (Winter 2000)
A paraphrase of the title of the popular children’s book by Maurice Sendak, Where the Wild Things Are (1992), a story about a little boy who is frightened by “scary monsters” until he gets to know them, whereupon they become friends.
[discussing various admissibility concerns of computer-generated exhibits, such as animations, simulations and re-creations and analyzing common evidentiary objections and how to overcome them].
The Harvard Journal of Law & Technology published the article with an accompanying CD-ROM so the reader could access the animations as they read the text (which was a first at the time). Demonstratives, Inc. (formerly Engineering Animation) subsequently donated the article’s computer animations, the CD ROMs used, and the labor to reproduce the CD ROMs at no cost. The article has been cited by many authors and cases, including two separate state Supreme Courts (New Mexico and Minnesota).
Will Video Kill the Radio Star? Visual Learning and the Use of Display Technology in the Law School Classroom
University of Illinois Journal of Law, Technology & Policy [peer-reviewed, cross- disciplinary journal] (2004)
Exploring learning theory and addressing the pedagogical benefits and common critiques of teaching law courses using display technology. The article discusses how technology is changing not only the way lawyers present cases in court, but the way in which law professors can teach in the classroom to reach students with different learning styles. If used properly, visual images, non-textual diagrams, and conceptual flow charts can greatly enhance students’ retention and understanding of complex legal cases and material.
Objection! Irrelevant and Unrealistic: It’s Time for Evidence Exams to Evolve
50 St. Louis. U. L. J. 1223 (2006)
Focusing on traditional testing methods of law students and arguing that they could be enhanced in order to be more realistic and relevant for our students. On my Evidence exams, I give students a 40-80 page pre-test exam packet consisting of a complaint, answer, discovery exhibits, photographs, reports, etc., (similar to a NITA mock trial case file) several weeks before the final exam. The final exam is then based solely on the fact packet where the mock case goes to trial and students are asked to respond to various issues that occur at trial such as admissibility of various exhibits, changed testimony, motions in limine, and so on, the way a real attorney would encounter evidentiary issues in actual practice.
Admissibility of 3-D Computer Animations under the Federal Rules of Evidence and the California Evidence Code
50 Sw. U. L. Rev. (2007)
Discussing admissibility concerns of expert witness computer technology tools under both the Federal Rules of Evidence and the California Evidence Code. The article was part of a symposium comparing Federal and California Rules of Evidence.
Virtual Justice as Reality: Making the Resolution of e-Commerce Disputes More Convenient, Legitimate, Efficient and Secure.
University of St. Louis Journal of Law, Technology & Policy [peer-reviewed, joint publication of the University of Illinois College of Law, the National Center for Supercomputing Applications and the Institute of Government and Public Affairs]
Arguing that the solution to the lack of justice for e-commerce disputes involves a necessary paradigm shift away from geographical location-based lawsuits designed to adjudicate transactions that take place in-person or are sufficiently connected to one state or country in the world by using the same medium that makes e-commerce transactions possible in the first place – the internet). The article suggests that personal jurisdiction disputes are solved with Online Dispute Resolution (“ODR”) because neither litigant has to physically attend a hearing nor trial in a different state. Instead, the entire dispute can be resolved in cyber-space “where” the disputed transaction occurred in the first place.