Law Commons^™

Resurrecting Trial By Statistics, Jay Tidmarsh

Jay Tidmarsh

“Trial by statistics” was one means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claim, and extrapolate the average result to the remainder. In Wal-Mart, Inc. v. Dukes, the Supreme Court seemingly ended the practice at the federal level, thus removing from judges a tool that made mass aggregation more feasible.

After examining the benefits and drawbacks of trial by statistics, this Article suggests an alternative that harnesses many of the positive features of the technique while avoiding its major difficulties. The technique is the “presumptive judgment”: …

Jurors And Social Media: Is A Fair Trial Still Possible?, Nancy Marder

Nancy S. Marder

No abstract provided.

The Puzzling Appeal Of Summary Judgment Denials: When Are Such Denials Reviewable?, Joan Steinman

Joan E. Steinman

No abstract provided.