Current Issue

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…