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Full-Text Articles in Law
Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, And The Consequences Of Returning The Constitution To Elected Government, Neal Devins
Faculty Publications
No abstract provided.
Restoring The Civil Jury In A World Without Trials, Dmitry Bam
Restoring The Civil Jury In A World Without Trials, Dmitry Bam
Faculty Publications
Early in this nation’s history, the civil jury was the most important institutional check on biased and corrupt judges. Recently, concerns about judicial bias, especially in elected state judiciaries, have intensified as new studies demonstrate the extent of that bias. But the jury of Hamilton, Madison, and Jefferson is nowhere to be found. In fact, the civil jury is virtually dead. It is used in less than 1% of all civil cases, and even when it makes a rare appearance, the jury’s powers have been significantly curtailed.
This article argues that we must reimagine the civil jury to match the …