Latest & Greatest – Cross Examination: A Primer for the Family Lawyer

By Stephen Gassman

Published by the American Bar Association. Section of Family Law.

KF 8920 .G37 2017

Have a look in any law library catalog, and you’re bound to find dozens of references to books written by legal practitioners on the subject of cross examination. Cross examination is an art form and a skill that is highly-prized among litigators but one that is difficult to master. It is said that “practice makes perfect”; however, it is still worthwhile to know some techniques, rules, and even the “do this, but don’t do this” sort of guidelines to help lead the way. There is no magical shortcut to conducting a successful cross examination, but good old-fashioned trial and error and Stephen Gassman’s book, Cross Examination: A Primer for the Family Lawyer just might do the trick.

Beginning with what he terms as the “Commandments of Cross Examination,” Gassman launches into a discussion of the basic principles of conducting of what hopefully will become a successful cross examination. Providing simple suggestions such as "be brief" and "use repetition," the author outlines various guidelines to help you avoid some of the common pitfalls that could ruin what otherwise might have been a winning cross examination. There are situations, though, where it is advisable to not conduct a cross examination of a witness, and Gassman addresses some of those for you.

Other principles that the author enlightens his readers about are those of primacy and recency, both of which deal with timing, and the concept of looping, a tool used for emphasis. He also highlights some cross examination techniques like the use of trilogies, hints about body language, handling the witness with an inability to recollect, and overcoming the hearsay objection. Gassman also provides guidance on impeachment, preparing a witness for cross examination, and conducting cross examination of expert witnesses, including those used in child custody cases.

If you are seeking ways to improve your cross examination skills or are looking for help conducting that first cross examination, have a look at Cross Examination: A Primer for the Family Lawyer.

Latest & Greatest – Notorious RBG: The Life and Times of Ruth Bader Ginsburg

By Irin Carmon and Shana Knizhnik

Published by Dey St., an Imprint of William Morrow Publishers

KF 8745 .G56 C37 2015

Ruth Bader Ginsburg, the oft-described unstoppable, passionate, and fiery United States Supreme Court justice, has become something of a cult figure among law students. Empowered by her rage at civil rights violations and the lack of gender equality, these students created a new persona for her, the Notorious R.B.G., and showed their appreciation of her by posting tributes on social media. From this media storm comes Notorious RBG: The Life and Times of Ruth Bader Ginsburg, a new book by the law student who created the Notorious R.B.G. Tumblr and the journalist who interviewed Justice Ginsburg for MSNBC. An illuminating, yet humorous, look into the life, losses, and successes of this diminutive and, at times, underestimated jurist, Notorious RBG captures the essence of this remarkable woman who became only the second woman to serve on our nation’s highest court.

Always a champion of women’s rights and gender equality, Ruth Bader Ginsburg knew first-hand the difficulties that women faced in the workplace and in institutions of higher learning and the pressures associated with gender inequality. She was one of nine women in her class at Harvard Law School and had difficulty getting a job, even though she graduated at the top of her class from Columbia Law School. She was the first woman to teach full-time at Rutgers School of Law and later became Columbia’s first tenured female professor. While at Columbia, she even helped file a class action lawsuit against the university and continued to volunteer her time with the ACLU.

If it is true that the pen is indeed mightier than the sword, then the legal writings of Ruth Bader Ginsburg can truly cut to the heart of an issue. Known for her dissents, Justice Ginsburg has always remained steadfast to her beliefs and her desire to correct injustices. Notorious RBG also features excerpts and analyses of some of Justice Ginsburg’s most significant briefs, opinions, and dissents:

  • Reed v. Reed, 404 U.S. 71 (1971) (a gender discrimination case in which a mother was not entitled to possessions owned by deceased son) ;
  • Struck v. Secretary of Defense, 460 F 2d 1372 (1971) (case in which an air force nurse refused to get abortion as required by Air Force regulations) ;
  • United States v. Virginia, 518 U.S. 515 (1996) (case involving the refusal of Virginia Military Institute to admit women);
  • Gonzales v. Carhart, 550 U.S. 124 (2007) (case that upheld partial-birth abortion ban);
  • Ledbetter v. Goodyear Tire and Rubber Company 550 U.S. 618 (2014) (an employment discrimination case based on gender) ; and
  • Shelby County v. Holder, 570 U.S. 529 (2013) (case dealing with the Voting Rights Act).

 The authors also look into her sixty-year relationship with her beloved husband Marty, who passed away in 2010, her unlikely friendship with Justice Antonin Scalia, her ideological opposite, her perfectionism when drafting opinions, her workouts with her personal trainer, and, of course, those lacy jabots she wears on the bench.

There is so much more to Ruth Bader Ginsburg than meets the eye. Learn about her in Notorious RBG: The Life and Times of Ruth Bader Ginsburg and find out why she is such an Internet sensation.

By the way, in case you didn't know, today (March 15) is RBG's 85 birthday. How fitting that it comes during National Women's History Month.

Be an Einstein. Use the Library.

Happy Birthday to Albert Einstein, who was born on this day in 1879. Celebrated as a brilliant theoretical physicist and one of the greatest minds of the 20th century, Einstein's very name is synonymous with genius, but in some ways, he was just a regular guy. He enjoyed smoking his pipe, took great pleasure in riding his bicycle, and encouraged playfulness as the key to discovery and creative thought. He also placed great value in visiting the library.

Einstein claimed to possess no special talents but described himself as "passionately curious." What better way to satisfy one's curiosity than to visit the library? He once said, "The only thing that you absolutely have to know is the location of the library," a sentiment that we at Harris County Law Library share. Knowing where to access accurate, authoritative, and trustworthy sources of legal information is critical for both legal professionals and the public. Those who represent the best interests of their clients need not only information but a supportive environment in which to work, and those representing themselves need unrestricted access to unbiased sources of information to help them address their legal needs.

In the digital age, libraries have changed tremendously, evolving from the traditional institutions that Einstein would have known to vibrant, dynamic hives of activity where people from all walks of life come in search of not only information but for guidance, services, education, training, support, and community. We at Harris County Law Library take the needs of our visitors very seriously, and we continue to expand our range of offerings on an ongoing basis.

For guidance, we partner with the Houston Volunteer Lawyers to offer our pro se patrons access to attorneys at no expense (Monday - Friday, 9:00 am - 12:00 pm and 1:00 pm - 5:00 pm). Our reference staff provide services and support 11 hours a day, 5 days a week by assisting self-represented litigants in finding forms for a variety of legal needs. Our Legal Tech Institute, an ongoing series of free learning opportunities for attorneys and the public, provides legal tech education and skills training in both face-to-face and virtual settings. 

We aim to cultivate a sense of community for our regular visitors, both attorneys and the public, and to create an environment conducive to productivity, exploration, problem-solving, and achieving justice. Knowing where to find this kind of environment and the resources it offers is a must. We like to think that Einstein would agree.