Litigation
Cal. Litig. VOLUME 38, ISSUE 2, SEPTEMBER 2025
Content
- A CASE FOR RETIRING THE "CALLS FOR SPECULATION" OBJECTION
- Ai In Criminal Cases In 2025: Use of Ai-generated Evidence In Investigations and Trial
- Chair's Column
- Cla Statement On the Rule of Law
- Editor's Foreword: Rapid Change Alongside Perennial Things
- Fearless Speech: Breaking Free From the First Amendment
- How Does Civility In the Appellate Courts Differ From Civility In the Trial Courts?
- Innovation Meets Tradition At the Ninth Circuit Library
- Interview With Chief United States Magistrate Judge Carolyn K. Delaney
- Paintings, Pipes and Paga
- PAST SECTION CHAIRS & EDITORS-IN-CHIEF
- SECTION OFFICERS & EDITORIAL BOARD
- State-federal Court Reporter Comparison
- Table of Contents
- The American Inns of Court
- The Daedalus Doctrine: Flying the Middle Path of Ai In Legal Practice
- Working: Conversations With Essential Workers Behind the Scenes In the Court System
- The Impact of Emotions On Judging
THE IMPACT OF EMOTIONS ON JUDGING
Written by Dan Lawton
One million dollars a year we spend on stories we never even film. Why not? I’ll tell you. They don’t make me cry. What makes me cry? Emotion.—Louis B. Mayer (as written by Jack Fincher in "Mank" (Netflix 2020))
At a recent Inn of Court meeting in San Diego, an audience of lawyers and judges, divided into teams seated at tables, answered a series of questions aimed at probing how their minds solved problems. The first question was this: "A bat and a ball cost $1.10 in total. The bat costs $1.00 more than the ball. How much does the ball cost?"
Within two seconds, several judge-hands shot up. "Duh," said one of the hand-raisers, to chuckles and murmured approvals. "Ten cents!"