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University of Michigan Law School

Trials

Michigan Law Review

1981

Articles 1 - 2 of 2

Full-Text Articles in Law

Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert Nov 1981

Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert

Michigan Law Review

When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …


Judgment Non Obstantibus Datis, Reid Hastie Mar 1981

Judgment Non Obstantibus Datis, Reid Hastie

Michigan Law Review

A Review of Jury Trials by John Baldwin and Michael McConville