Document Type
Article
Repository Date
2009
Keywords
trials, procedure, justice, bureaucracy
Subject Categories
Civil Procedure | Courts | Criminology and Criminal Justice | Dispute Resolution and Arbitration | Evidence | Jurisprudence | Law | Legal History | Litigation
Abstract
This short essay is a summary of my assessment of the meaning of the "vanishing trial" phenomenon. It addresses the obvious question: "So what?" It first briefly reviews the evidence of the trial's decline. It then sets out the steps necessary to understand the political and social signficance of our vastly reducing the trial's importance among our modes of social ordering. The essay serves as the Introduction to a book, The Death of the American Trial, soon to be published by the University of Chicago Press.
Repository Citation
Burns, Robert P., "The Death of the American Trial" (2009). Faculty Working Papers. 176.
https://scholarlycommons.law.northwestern.edu/facultyworkingpapers/176
Included in
Civil Procedure Commons, Courts Commons, Criminology and Criminal Justice Commons, Dispute Resolution and Arbitration Commons, Evidence Commons, Jurisprudence Commons, Legal History Commons, Litigation Commons