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Civil Procedure

Cornell Law Faculty Publications

Active jury reforms

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Full-Text Articles in Law

The Verdict On Juries, Valerie P. Hans, Neil Vidmar Apr 2008

The Verdict On Juries, Valerie P. Hans, Neil Vidmar

Cornell Law Faculty Publications

In reviewing debates and research evidence about jury trials for our book, American Juries: The Verdict (Prometheus Books, 2007), we have had the chance to reflect on the status of the jury system in the United States. High profile jury trials put the spotlight on the American practice of using its citizens as decision makers. When jury verdicts are at odds with public opinion, criticisms of the institution are common. The civil jury has been a lightning rod for those who want tort reform. This article draws together some of our reflections about the health of the jury system …


Empowering The Active Jury: A Genuine Tort Reform, Valerie P. Hans Jan 2008

Empowering The Active Jury: A Genuine Tort Reform, Valerie P. Hans

Cornell Law Faculty Publications

The rallying cry of "tort reform" is frequently associated with changes to the civil justice system that restrict the civil jury or avoid it altogether. Tort reformers have praised United States Supreme Court rulings that have led to greater judicial control over the evidence, especially scientific evidence, which juries hear. Other reformers advocate bifurcation of trials to avoid the possibility of jurors being so negatively influenced by testimony about damages that it affects their liability judgments.

The tort system aims to compensate fairly and equitably those who are injured by others, and to do so in an efficient manner. Concerns …