The Missing American Jury

Law360, New York (November 23, 2016, 9:38 PM EST) -- Perhaps it is already too late. The American jury, once the crown jewel of our court system, Tocqueville’s stunning experiment in direct democracy, the guarantor of our judicial independence, is today all but moribund in the federal courts. It lives on in our state courts but there too the jury is a hollowed out vestige of what it once was, marginalized as never before in our history.

Time was, a trial session spoke of being “down” when it was without a trial; today the same session...
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