Volume 40, Issue 3

The wide stream of disillusionment with the civil justice system that emerged in the 1970s does not really have a name, so let me supply one. I call it the…

This paper traces the Supreme Court's erratic course over the past fifteen years in addressing the question whether federal judges may bar expert scientific testimony on the ground that the…

The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This…

In order to provide a context for evaluating the specific claims made about juries, I begin with a profile of the incidence of civil jury trials and the types of…

Can juries handle complex cases? One way to frame this question in behavioral science terms is to ask: What tasks can juries perform well and what tasks will they perform…

The past, both proximate and remote, is often consulted in attempts to predict the future. Of course extrapolation from past to future is at best an uncertain art. Extrapolation, however,…

For purposes of this Comment, I adopt a relatively broad focus. In particular, I want to address the question of access to the courts generally, especially access to federal courts.…

This Article provides a brief overview of four developments in the last seven years--two judicial and two legislative--that each either have had or could have a profound effect on the…

When the Federal Arbitration Act ("FAA") was passed in 1925, it constituted an important Congressional endorsement of arbitration as an alternative to litigation in court and a major departure from…

This essay explores whether pre-dispute arbitration, frequently called mandatory arbitration, has outlived its welcome. The phrase "mandatory arbitration" is misleading because it connotes arbitration that is compelled by law regardless…

Let me begin by expressing my great personal regard for Dean Seligman, as well as the esteemed panel. This is a tough group to come before and call into question…

In January of 1996, the Arbitration Policy Task Force ("Task Force") of the National Association of Securities Dealers, Inc. ("NASD") delivered to the NASD Board of Governors its Securities Arbitration…

The Institute for Law and Economic Policy ("ILEP") was formed a little over two years ago, and as I said at our last conference, it is still not a household…