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"Civilizing" Nonjury Trials, F. R. Lacy

Vanderbilt Law Review

This article is intended to make people think about American procedure, yet it is devoted largely to a description of Austrian and Israeli civil procedure and perhaps that calls for some disclaiming and confessing and avoiding. I have spent only a few months in the two countries and have no doubt that I am open to the charge, made against far more seasoned American comparatists, that I tend to look at foreign systems through American conceptual spectacles. By way of avoidance let me offer, first, the usual defense of the popularizer. There never will be many serious students of comparative …