Daubert and the Disappearing Jury Trial

Korean Jury Trial: Has the New System Brought About Changes?

Permitting jury discussions during trial: impact of the Arizona reform.

A field experiment tested the effect of an Arizona civil jury reform that allows jurors to discuss evidence among themselves during the trial. Judges, jurors, attorneys, and litigants completed questionnaires in trials randomly assigned to either a Trial Discussions condition, in which jurors were permitted to discuss the evidence during trial, or a No Discussions condition, in which jurors wer...

Mandamus as a Remedy for the Denial of Jury Trial

The Supreme Court has consistently stated that federal appellate courts may issue the writ of mandamus as an interlocutory remedy only under "extraordinary" circumstances," to correct a lower court order that is "not mere error but usurpation of power."2 The Court has explained that mandamus cannot serve as a substitute for normal appeal and should be available "only where appeal is a clearly i...

Improving the Jury System: Reducing Jury Size

Within the last several years there has been increasing concern over the rising costs of California's legal system. Many within and outside of the legal community have focused their attention on the issues of caseload volume, delay and congestion within California courts as a result of the rising number of civil and criminal cases. These mounting concerns have spawned a growing movement for cou...

Measuring the Consequences of Criminal Jury Trial Protections

The Sixth and Fourteenth Amendments to the U.S. Constitution guarantee criminal defendants the right to a jury trial and require that the elements of crimes be proved beyond a reasonable doubt. Academics, judges, and practitioners generally assume that these constitutional guarantees protect defendants. Recently, however, scholars and even members of the Supreme Court have suggested that expand...