John Barkai

University of Hawaii at Manoa - William S. Richardson School of Law

2515 Dole Street

Honolulu, HI 96822-2350

United States

http://www2.hawaii.edu/~barkai

SCHOLARLY PAPERS

44

DOWNLOADS

14,503

TOTAL CITATIONS

12

Ideas:
“  I'm currently working on rules of evidence handbooks for non-U.S. countries.  ”

Scholarly Papers (44)

1.

How to Develope the Skill of Active Listening

Practical Lawyer, Vol. 30, No. 4, p. 73, June 1984
Number of pages: 12 Posted: 24 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 3,449 (7,261)

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active listening, empathy, rapport, clients, interviewing, counseling, law practice, paraphrasing, summarizing

Nonverbal Communication from the Other Side: Speaking Body Language

San Diego Law Review, Vol. 27, p. 101, 1990
Number of pages: 26 Posted: 16 Jul 2009 Last Revised: 05 Aug 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 1,507 (26,240)

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non-verbal communication, law, courts, body language, interviewing, counseling, negotiation, advocacy, reading body language, speaking body language

Nonverbal Communication from the Other Side: Speaking Body Language

Journal of Law, Politics, & Sociology, Vol. 66, p. 100, 1993
Number of pages: 24 Posted: 08 Aug 2009
John Barkai and Akira Ishikawa
University of Hawaii at Manoa - William S. Richardson School of Law and affiliation not provided to SSRN
Downloads 293 (216,664)
Citation 1

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non-verbal communication, law, courts, body language, interviewing, counseling, negotiation, advocacy, reading body language, speaking body language

3.

Empathy Training for Lawyers and Law Students

Southwestern University Law Review, Vol. 13, pp. 505-529, 1983
Number of pages: 26 Posted: 17 Jul 2009
John Barkai and Virginia O. Fine
University of Hawaii at Manoa - William S. Richardson School of Law and affiliation not provided to SSRN
Downloads 1,186 (37,917)

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active listening, empathy, empathy statements, training, communication skills, rapport building

4.

What's a Cross-Cultural Mediator to Do? A Low-Context Solution for a High-Context Problem

Cardozo Journal of Conflict Resolution, Vol. 10, pp. 43-89, 2008
Number of pages: 48 Posted: 15 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 1,069 (44,165)
Citation 3

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Negotiation, mediation, culture, Hofstede, cultural dimensions, Edward T. Hall, cultural stereotypes

5.

Active Listening

Trial, Vol. 20, p. 66, August 1984
Number of pages: 7 Posted: 17 Jul 2009 Last Revised: 23 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 813 (64,370)

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active listening, empathy, rapport, clients, interviewing, law practice

6.

Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution

Pepperdine Dispute Resolution Law Journal, Vol. 8, No. 3, 2008
Number of pages: 46 Posted: 16 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 744 (72,463)
Citation 1

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Negotiation, mediation, culture, Hofstede, Geert Hofstede, cultural dimensions, Edward T. Hall, cultural stereotypes, 36 strategies, dance of negotiation, Hampden-Turner, Trompenaars, Richard D. Lewis

7.

Mediation of Construction Disputes in the United States

Number of pages: 17 Posted: 24 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 557 (104,702)

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Alternative Dispute Resolution, ADR, mediation, courts, dispute review boards, construction disputes

8.

Using Alternative Dispute Resolution Techniques In Construction Disputes

Papers from the 3rd International Symposium on Infrastructure Management and Financing, Kyoto University, Kyoto Japan, August 31, 2003
Number of pages: 43 Posted: 20 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 503 (119,016)
Citation 2

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alternative dispute resolution, ADR, mediation, United States, construction, construction disputes

9.

Teaching Negotiation and ADR: The Savvy Samurai Meets the Devil

Nebraska Law Review, Vol. 75, p. 704, 1996
Number of pages: 48 Posted: 16 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 491 (122,170)

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Negotiation, mediation, ADR, teaching, communication, questioning, active listening, cartoons, optical illusions, samurai, Barkai Chorus

10.

The Pocket Guide to Common Trial Objections & Evidentiary Foundations

University of Hawai’i Richardson School of Law Research Paper No. 4093514
Number of pages: 91 Posted: 02 May 2022
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 367 (171,314)

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evidence, evidentiary foundations, objections, rules of evidence, trial, sample, example, impeachment, electronic evidence

11.

Motions in Limine: Character Problems and Bad Acts

Association of Trial Lawyers of America, Convention Reference Materials No. 109, Winter 2006
Number of pages: 10 Posted: 23 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 302 (211,398)

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character evidence, trials, federal rules of evidence, bad acts, prior bad acts, motion in limine. relevance, impeachment

12.

What Happens When Mediation is Institutionalized?

Ohio State Journal on Dispute Resolution, Vol. 9, No. 307, 1994
Number of pages: 26 Posted: 24 Jul 2009
affiliation not provided to SSRN, University of Hawaii at Manoa - William S. Richardson School of Law, Hofstra University - Maurice A. Deane School of Law, University of New Mexico - School of Law, Rutgers Law School, South Texas College of Law Houston, Columbia Law Review, affiliation not provided to SSRN and University of Florida Levin College of Law
Downloads 266 (241,019)
Citation 1

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ADR, alternative dispute resolution, mediation, institutionalization, courts

13.

Federal Rules of Evidence Handbook with Common Objections & Evidentiary Foundations

John Barkai, Federal Rules of Evidence Handbook with Common Objections & Evidentiary Foundations 2022
Number of pages: 176 Posted: 11 May 2022
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 253 (253,594)

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Federal Rules of Evidence, evidentiary foundations, impeachment, laying foundations, trial objections, objections

14.

Let's Stop Spreading Rumors About Settlement and Litigation: A Comparative Study of Settlement and Litigation in Hawaii Courts

Ohio State Journal on Dispute Resolution, Vol. 29, pp. 85-160, 2014
Number of pages: 64 Posted: 22 Feb 2014
John Barkai and Elizabeth Kent
University of Hawaii at Manoa - William S. Richardson School of Law and Hawaii State Judiciary - The Center for Alternative Dispute Resolution
Downloads 206 (310,590)

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Court, settlements, alternative dispute resolution, ADR, civil cases, litigation, empirical data, docket, law suits, litigation, filings, trials, pretrial dispositions, lawyers, satisfaction, negotiation, law, discovery

15.

What Happens When Mediation is Institutionalized?: To the Parties, Practitioners and Host Institutions

Ohio State Journal on Dispute Resolution, Vol. 9, p. 307, 1994
Number of pages: 26 Posted: 04 Nov 2011
Mitchell Hamline School of Law Dispute Resolution Institute, South Texas College of Law, University of Hawaii at Manoa - William S. Richardson School of Law, Hofstra University - Maurice A. Deane School of Law, University of New Mexico - School of Law, Rutgers Law School, affiliation not provided to SSRN, University of Florida Levin College of Law and Columbia Law Review
Downloads 163 (381,615)

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Mediation, institutionalized, Alternative Dispute Resolution, ADR, civil disputes

16.

Applying the Hawaiian Mediation Model to Disputes and Conflicts

Interspectives, Vol. 11, No. 40, 1992
Number of pages: 5 Posted: 16 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 154 (400,568)

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Mediation, community mediation, facilitative mediation, teaching mediation, mediation model, courts, disputes, conflicts

17.

The Education and Training of Mediators

The Fifth International Conference on Multi-National Joint Ventures for Construction Works
Number of pages: 10 Posted: 20 Oct 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 139 (434,938)

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mediation, alternative dispute resolution (ADR), education, training, certification

18.

Humor in Negotiations & ADR: Cartoon Contest Caption Winners from the ABA Dispute Resolution Magazine

Humor in Negotiations & ADR, University of Hawai’i Richardson School of Law Research Paper No. 4089168
Number of pages: 157 Posted: 29 Apr 2022
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 138 (437,381)

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Humor, negotiation, ADR, cartoon, conflict resolution, contest

19.

Sensory Based Language in Legal Communication

Practical Lawyer, Vol. 27, No. 41, January 1981
Number of pages: 8 Posted: 24 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 135 (445,078)

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Communication, communication skills, legal communication, lawyer, sensory based language, rapport, rapport building, law, legal, representational systems, representational language, hypnosis, meta model, visual, auditory, kinesthetic, eye movements, sensory channels, predicates, NLP, Neuro-linguisti

20.

Hawaii's Court-Annexed Arbitration Program: Final Evaluation Report

University of Hawaii at Manoa, Program on Conflict Resolution, PCR Working Paper Series 1992-1
Number of pages: 114 Posted: 26 Jul 2009
John Barkai and Gene Kassebaum
University of Hawaii at Manoa - William S. Richardson School of Law and University of Hawaii - Sociology Department
Downloads 132 (453,180)
Citation 2

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arbitration, court-annexed arbitration, litigation, law, justice system, civil justice, program evaluation, alternative dispute resolution, ADR, program description, litigation, empirical study, research, pretrial discovery, discovery reduction, costs of litigation, pace of litigation, satisfaction

21.

Pushing the Limits on Court-Annexed Arbitration: The Hawaii Experience

Justice System Journal, Vol. 14, p. 131, 1991
Number of pages: 21 Posted: 26 Jul 2009
John Barkai and Gene Kassebaum
University of Hawaii at Manoa - William S. Richardson School of Law and University of Hawaii - Sociology Department
Downloads 131 (455,958)

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arbitration, court-annexed arbitration, litigation, law, justice system, civil justice, program evaluation, alternative dispute resolution, ADR, program description, litigation, empirical study, research, pretrial discovery, discovery reduction, costs of litigation, pace of litigation, satisfaction

22.

A Profile of Settlement

Court Review, Vol. 42, No's. 3-4, Fall/Winter 2006
Number of pages: 6 Posted: 16 Jul 2009
John Barkai, Elizabeth Kent and Pamela Martin
University of Hawaii at Manoa - William S. Richardson School of Law, Hawaii State Judiciary - The Center for Alternative Dispute Resolution and Hawaii State Judiciary - The Center for Alternative Dispute Resolution
Downloads 129 (461,580)

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Court settlements, civil cases, litigation, empirical data, non-trial dispositions, settlements, docket, law suits, litigation, filings, trials, pretrial dispositions, settlement patterns, lawyers, satisfaction, negotiation, law, types of negotiations, alternative dispute resolution, ADR, the frequ

23.

Using Court-Annexed Arbitration to Reduce Litigant Costs and to Increase the Pace of Litigation

Pepperdine Law Review, Vol. 16, pp. 43-74, 1989
Number of pages: 32 Posted: 23 Jul 2009
John Barkai and Gene Kassebaum
University of Hawaii at Manoa - William S. Richardson School of Law and University of Hawaii - Sociology Department
Downloads 128 (464,324)

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Arbitration, court-annexed arbitration, litigation, law, justice system, civil justice, program evaluation, alternative dispute resolution, ADR, program description, litigation, empirical study, research, pretrial discovery, discovery reduction, costs of litigation, pace of litigation, satisfaction

24.

Using Electronic Mail to Teach International Negotiations and English for Special Purposes: A Win-Win Educational Project

Number of pages: 8 Posted: 23 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 115 (504,238)

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electronic mail, e-mail, negotiations, international negotiations, english as a second language, ESL, english for specific purposes, ESP

25.

Settling Civil Lawsuits in the Hawaii Circuit Courts

Hawaii Bar Journal, Vol. 10, No. 13, 2007
Number of pages: 36 Posted: 16 Jul 2009
John Barkai, Elizabeth Kent and Pamela Martin
University of Hawaii at Manoa - William S. Richardson School of Law, Hawaii State Judiciary - The Center for Alternative Dispute Resolution and Hawaii State Judiciary - The Center for Alternative Dispute Resolution
Downloads 102 (550,580)

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Court settlements, civil cases, litigation, empirical data, non-trial dispositions, settlements, docket, law suits, litigation, filings, trials, pretrial dispositions, settlement patterns, lawyers, satisfaction, negotiation, law, types of negotiations, alternative dispute resolution, ADR, the frequ

26.

A New Model for Legal Communication: Sensory Experience and Representational Systems

Cleveland State Law Review, Vol. 29, p. 575, 1980
Number of pages: 28 Posted: 23 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 101 (554,396)
Citation 1

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Communication, communication skills, sensory based language, legal communication, lawyer, rapport, rapport building, law, legal, representational systems, representational language, hypnosis, meta model, visual, auditory, kinesthetic, eye movements, sensory channels, predicates, NLP, Neuro-linguisti

27.

Humor in Trial Evidence: Cartoon Contest Caption Winners

John Barkai, Humor in Trial Evidence: Cartoon Contest Caption Winners and Challenges from My Evidence Class (2020)
Number of pages: 161 Posted: 11 May 2022
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 75 (663,602)

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Humor, cartoon, evidence, trial, lawyers, judges, contest, rules of evidence, Federal Rules of Evidence, hearsay

28.

The Lecture-in-Disguise

New Mexico Law Review, Vol. 19, pp. 117-136, 1989
Number of pages: 20 Posted: 15 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 75 (663,602)
Citation 1

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Lecture-In-Disguise, teaching, legal education, professional skills, direct examination, cross examination, interviewing, counseling, negotiation, conflicts, observational learning theory, co-teaching, team-teaching

29.

Bringing Mediation (Back) to Micronesia

Number of pages: 7 Posted: 18 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 73 (673,412)

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mediation, training, cross-cultural, negotiation, teaching, ADR, alternative dispute resolution

30.

Using Electronic Mail for International Negotiation Simulations

Number of pages: 19 Posted: 23 Jul 2009
John Barkai and Andrew Clark
University of Hawaii at Manoa - William S. Richardson School of Law and University of Warwick - Faculty of Law
Downloads 72 (678,469)

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Electronic mail, e-mail, negotiations, international negotiations, law school, ADR, alternative dispute resolution, teaching, cross-cultural, cross-cultural negotiations

31.

The Legal Education of Plea Bargaining Participants

68 Kentucky Law Journal 240 (1979)
Number of pages: 11 Posted: 23 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 68 (699,298)

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Plea bargaining, pleas, criminal law, prosecutors, defense attorneys, judges

32.

American Alternative Dispute Resolution: Mediation - An Overview and Mini-Training (in the Japanese Language)

Hiroshima Law Journal, Vol. 15, p. 157, 1991
Number of pages: 7 Posted: 16 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 67 (704,718)

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mediation, bengoshi, Japan, community mediation, mediation training

33.

The Impact of Discovery Limitations on Pace, Cost and Satisfaction in Court Annexed Arbitration

University of Hawaii Law Review, Vol. 11, No. 81, 1988
Number of pages: 30 Posted: 26 Jul 2009
John Barkai and Gene Kassebaum
University of Hawaii at Manoa - William S. Richardson School of Law and University of Hawaii - Sociology Department
Downloads 63 (727,260)

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arbitration, court-annexed arbitration, litigation, law, justice system, civil justice, program evaluation, alternative dispute resolution, ADR, program description, litigation, empirical study, research, pretrial discovery, discovery reduction, costs of litigation, pace of litigation, satisfaction

34.

Hawaii Rules of Evidence Handbook

Hawaii Rules of Evidence Handbook (2016-2017); ISBN: 9781522105695
Number of pages: 52 Posted: 13 Sep 2017 Last Revised: 02 Nov 2017
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 58 (757,240)

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Hawaii Rules of Evidence, Federal Rules of Evidence

35.

Investing in Vietnam: An Ancient Land Looks for Modern Money

Legal Times, pp. 36-40, June 1994
Number of pages: 5 Posted: 22 Jul 2009
John Barkai and Laurence J Brahm
University of Hawaii at Manoa - William S. Richardson School of Law and Red Capital
Downloads 55 (776,648)

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Vietnam, investment, negotiations, Doi Moi, embargo, sanction, customs

36.

Electronic Negotiation: The International Electronic Mail Computer Negotiation Project

Number of pages: 1 Posted: 18 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 52 (797,164)

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Negotiations, e-mail, international negotiations, computer negotiations

37.

Accuracy Inquiries for All Felony and Misdemeanor Pleas But Innocent Defendants?

University of Pennsylvania Law Review, Vol. 126, pp. 88-146, 1977
Number of pages: 60 Posted: 17 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 52 (797,164)

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guilty plea, accuracy inquiry, criminal law, criminal procedure, courts, no contest plea, nolo contendere, Federal Rule of Criminal Procedure 11

38.

The Hardest Case I Never Settled

13 Hawaii Bar Journal (Nov. 8) 2009
Number of pages: 2 Posted: 23 Feb 2014
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 44 (857,936)

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mediation, adr, Papua New Guinea, failed mediation, non-verbal communication, rapport

39.

Lower Criminal Courts: The Perils of Procedure

Journal of Criminal Law and Criminology, Vol. 69, p. 270, 1978
Number of pages: 21 Posted: 23 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 44 (857,936)

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Lower criminal courts, court reform movement, assembly-line justice, Herbert Packer, Roscoe Pound, Karl Llewellyn, John Griffiths, right to counsel, sixth amendment, Argersinger, alternative dispute resolution, ADR, Cuba, Cuban Popular Tribunals, family model, Cheyenne Way, mediation

40.

Indian Evidence Act Handbook with Common Objections & Evidentiary Foundations

John Barkai, Indian Evidence Act Handbook with Common Objections & Evidentiary Foundations, 2023, University of Hawai’i Richardson School of Law Research Paper No. 4752499
Number of pages: 152 Posted: 23 Apr 2024
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 39 (900,903)

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India, Rules of Evidence, evidence act, evidentiary foundations, impeachment, laying foundations, trial objections, objections, digital evidence, hearsay, litigation

41.

Hawaii's Court-Annexed Arbitration Program: Is It Worth It? (in Japanese)

Hiroshima Bar Journal, September 1992
Number of pages: 7 Posted: 24 Jul 2009
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 30 (989,077)

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Court-annexed arbitration, ADR, alternative dispute resolution, courts

42.

Ontario Evidence Act Handbook with Common Objections & Evidentiary Foundations

John Barkai, Ontario Evidence Act Handbook with Common Objections & Evidentiary Foundations, 2023, University of Hawai’i Richardson School of Law Research Paper No. 4752500
Number of pages: 136 Posted: 11 Apr 2024
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 23 (1,068,731)

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Ontario evidence act, evidentiary foundations, impeachment, laying foundations, trial objections, objections, digital evidence, hearsay, litigation

43.

Nigeria Evidence Act Handbook with Common Objections & Evidentiary Foundations

University of Hawai’i Richardson School of Law Research Paper No. 4750638
Number of pages: 160 Posted: 08 Apr 2024
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 23 (1,068,731)

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evidence, objection, foundation, impeachment, trial, litigation, Nigeria

44.

Canada Evidence Act Handbook with Common Objections & Evidentiary Foundations

John Barkai, Canada Evidence Act Handbook with Common Objections & Evidentiary Foundations (2023), University of Hawai’i Richardson School of Law Research Paper No. 4751048
Number of pages: 136 Posted: 10 Apr 2024
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 17 (1,144,308)

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Canada Evidence Act, evidentiary foundations, objections, laying foundations, trial objections, authentication, electronic evidence, ESI, digital evidence, hearsay, litigation

Other Papers (1)

Total Downloads: 927
1.

36 Chinese Strategies Applied to Negotiations

Number of pages: 24 Posted: 28 Jul 2009 Last Revised: 17 Apr 2023
John Barkai
University of Hawaii at Manoa - William S. Richardson School of Law
Downloads 927

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36 strategies, negotiation, Chinese, China, cross-cultural negotiation, Sun Tsu