For over half a century, my professional life has centered around federal court procedure in
civil cases.'Thinking about what I perceive to be happening at present and what used to be …

Since the 1930s, the proportion of civil cases concluded at trial has declined from about 20%
to below 2% in the federal courts and below 1% in state courts. This Article looks to the …

Discrimination law has long been in theoretical crisis. Its central theory—disparate treatment
law—has no agreed-upon core principles. Because prevailing theories of discrimination …

Alexis de Tocqueville, John Stuart Mill, and the US Supreme Court have all alleged that jury
service promotes civic and political engagement, yet none could prove it. Finally, The Jury …

All court observers agree that the modern era has brought a dramatic decline in jury trials,
both civil and criminal.'The explanations for that decline are far more ambiguous, in part …

Pretrial practice in federal civil litigation has dramatically changed over the last thirty years.
Pretrial practice, pleading, discovery, Daubert motions,'summary judgment, and settlement …

Every contemporary American lawyer who has engaged in litigation is familiar with the now
fifty-four-volume treatise, Federal Practice and Procedure. 1 Both of that treatise's named …

ARTICLES Page 1 ARTICLES The Arbitration-Litigation Paradox Pamela K Bookman* The
Supreme Court's interpretation of the Federal Arbitration Act is universally touted as favoring …

After describing the experimental findings, the Article unpacks some of their implications.
First, the Article contends that tort law's reasonable person standard both is and should be …

In District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court made
seemingly irreconcilable demands on lower courts: evaluate Second Amendment claims …