The Right to Trial by Jury as a Fundamental and Substantive Right and Other Civil-Trial Constitutional Protections
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Date
2018-04-10
Authors
Peck, Robert S. Peck
Chemerinsky, Erwin
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Jury trials and access to the courts more generally have sustained unwarranted decades-long attacks. Assaults on these fundamental cornerstones of our civil justice system have not just warped the views of the public and policymakers, but also insinuated themselves into the outlooks of the academy and the judiciary, undermining the fundamental and critically important role that juries and litigation play in securing liberty, equality, and justice. Fed by a political operation that seeks to tilt the legal playing field in its favor, judicial decisions, rules governing lawsuits, and the law itself have come to embrace ahistorical and empirically invalid entreaties, skewing the law and its operation in favor of the most powerful interests at the expense of those who most need the civil justice system to provide a neutral forum to resolve disputes.
Description
72 pages
Keywords
Lawsuits, Trial by jury, Dispute resolution
Citation
96 OR. L. REV. 489