Commentary

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November 17, 2017

Some Additional Thoughts on Juror Discussions During Trial and Juror Questions

Hon. J. Thomas Marten

“Those lawyers who bring significant civil trial experience to the bench are frequently surprised by the difference in perspective the change in position makes…’”

 

November 15, 2017

Concurrent Expert Evidence in the United States- Is There a Role for Hot Tubbing?

Adam E. Butt

““Hot tubbing” is the colloquial name for a process of adducing and testing expert evidence which is more formally known as concurrent expert evidence…’”

 

November 14, 2017

Is There a Perception Problem with the American Jury System?

Kacy Miller

“If you search for “jury duty” on social media, you’re likely to find more than a few posts of people whining about it…’”

 

 

November 13, 2017

We Hold These Jury Decision-Making Truths to be Self-Evident

Charlotte A. Morris, M.A.

“The Civil Jury Project’s 2016 survey of more than 900 civil attorneys nationwide reveals that nearly one-third (30%) of those surveyed …’”

 

 

October 26, 2017

How Judges Can Further the Value of the Civil Jury Trial

Stephen D. Susman

“Six years ago, when I turned 70, I began thinking that I might end my career as a trial lawyer by teaching trial advocacy…’”

 

 

September 19, 2017

The Dematerialization of the Civil Jury Trial in American Jurisprudence

Honorable Bronwyn C. Miller and Honorable Meenu Sasser

“Trial by jury is a highly valued attribute of American government. It was regarded by the founders as ‘an essential bulwark of civil liberty.’”

 

 

August 25, 2017

Do Jurors Know About Damage Caps?

Deepa Devanathan

Many states have instituted damage caps on non-economic damages in medical malpractice cases.  The practical effect of a…

 

 

August 23, 2017

Understanding Bias:
Preserving Peremptory Challenges, Preventing their Discriminatory Use, and Providing Fairer and More Impartial Juries

Richard Gabriel

In 1936, Clarence Darrow wrote an article for Esquire magazine called “How to Pick a Jury,” containing sage advice on the art and skill…

 

 

August 21, 2017

Innovative Jury Trials 

Stephen Susman

The CJP was established at NYU School of Law in the fall of 2015 as the only academic center in the nation studying why jury trials are disappearing…

 

 

August 9, 2017

Empowering Jurors as Good Will Ambassadors 

United States District Judge Mark Bennett

Since my first day as a federal district judge twenty-three years ago, one of my most important goals in jury trials has been to empower jurors…

 

 

July 24, 2017

Jury Duty: A Founding Principle of American Democracy

 

United States District Judge Jack Zouhary

As federal judges, my colleagues and I are privileged to host naturalization ceremonies.  We are always encouraged to see the eagerness of civically educated,…

 

July 11, 2017

Jurors Play a Crucial Role in the Operation of Democracy in our Nation

United States District Judge Marvin E. Aspen, United States District Court

Although news media and commentators routinely scrutinize citizen alienation from our elected and appointed officers and representatives of the…

 

July 3, 2017

Federalized Tort Reform

Deepa Devanathan

While Former FBI Director James Comey testified in front of Congress about President Trump obstructing justice and while citizens protest TrumpCare (Trump’s new healthcare…

 

June 3, 2017

Saving Jury Trials

Stephen D. Susman

My project to save jury trials was born exactly 15 years ago, at a Saturday morning session of our 40th reunion with Prof. Akhil Amar talking about the Constitution…

 

 

March 7, 2017

Whither Secret Deliberations?: Pena-Rodriguez v. Colorado and the Non-Impeachment Rule

Richard L. Jolly

This week the Supreme Court decided Pena-Rodriquez v. Colorado. The case concerns the centuries-old rule that a jury’s verdict cannot be called into question based on comments or conclusions the jurors expressed during deliberations…