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Statistical Adjudication: Rights, Justice, And Utility In A World Of Process Scarcity, Robert G. Bone
Statistical Adjudication: Rights, Justice, And Utility In A World Of Process Scarcity, Robert G. Bone
Vanderbilt Law Review
The institution of adjudication is in a state of great upheaval to- day. Mounting case backlogs and the litigation challenge posed by mass torts are pressuring Congress and courts to experiment with novel adjudication techniques. Some of the results are well-known-case tracking, alternative dispute resolution, greater reliance on settlement, and tighter pretrial screening of cases. Taken together, these changes fore- shadow a major transformation in the practice and theory of adjudication.
This Article focuses on one particularly remarkable proposal for handling large-scale litigation: adjudication by sampling. This approach uses statistical methods to adjudicate a large population of similarly situated cases. …