Over the last decade some jurisdictions in the United States have experienced a downturn in the number of trials being run - a trend the American Bar Association has called the ‘vanishing trial phenomenon’. Between 1962 and 2002 the proportion of civil disposals by trial in the US District Courts has fallen from 11.5% to 1.8%. While the evidence in the US shows that trials are not vanishing rather they are in decline, can the same be said in Australia? This paper examines the decline of the trial in Australia using the New South Wales District Court as the judicial landscape for discussion
Recently, a respected jurist has lamented the declining number of federal jury trials. Chief Judge W...
The Australian civil jury system was subjected to enormous criticism in the 20th century. The critic...
In this article, we will address the question of whether something like vanishing trials exists in t...
Some in the alternative dispute resolution community are afraid that ADR will be blamed for the appa...
Outcomes determined by trials have been a steadily declining portion of case dispositions in America...
This Article thus highlights the need for a much larger inquiry into not only what is happening to t...
This brief essay first summarizes some of that knowledge-in particular, the chief features we know a...
This paper reviews the recent history of civil litigation in England and Wales. While previous work ...
More than a few people noticed that the American court system was seeing ever fewer trials before Ma...
This article explores competing explanations of the data on declining rates of trials in the federal...
This article takes a fresh look at the increasingly discussed topic of the scarcity of civil cases r...
Since the 1930s, the proportion of civil cases concluded at trial has declined from about 20% to bel...
The recent history of juries in Australia reveals an interesting clash between the endeavours of sta...
This symposium in the Journal of Dispute Resolution takes the next step. It includes some analysis o...
This paper was prepared for the 2012 Clifford Symposium honoring Marc Galanter which was held at DeP...
Recently, a respected jurist has lamented the declining number of federal jury trials. Chief Judge W...
The Australian civil jury system was subjected to enormous criticism in the 20th century. The critic...
In this article, we will address the question of whether something like vanishing trials exists in t...
Some in the alternative dispute resolution community are afraid that ADR will be blamed for the appa...
Outcomes determined by trials have been a steadily declining portion of case dispositions in America...
This Article thus highlights the need for a much larger inquiry into not only what is happening to t...
This brief essay first summarizes some of that knowledge-in particular, the chief features we know a...
This paper reviews the recent history of civil litigation in England and Wales. While previous work ...
More than a few people noticed that the American court system was seeing ever fewer trials before Ma...
This article explores competing explanations of the data on declining rates of trials in the federal...
This article takes a fresh look at the increasingly discussed topic of the scarcity of civil cases r...
Since the 1930s, the proportion of civil cases concluded at trial has declined from about 20% to bel...
The recent history of juries in Australia reveals an interesting clash between the endeavours of sta...
This symposium in the Journal of Dispute Resolution takes the next step. It includes some analysis o...
This paper was prepared for the 2012 Clifford Symposium honoring Marc Galanter which was held at DeP...
Recently, a respected jurist has lamented the declining number of federal jury trials. Chief Judge W...
The Australian civil jury system was subjected to enormous criticism in the 20th century. The critic...
In this article, we will address the question of whether something like vanishing trials exists in t...