The Decline of Trials in a Legalizing Society

Outcomes determined by trials have been a steadily declining portion of case dispositions in American courts for more than half a century; and for the past quarter century, trials in those courts have been declining in absolute numbers. Although there are differences in detail, the trend line is clear—the trial is declining as the thing—indeed the central, defining, characteristic thing that our courts do. The departure of trials is mourned by some judges, practitioners, and academics but is celebrated by others. The rarity of trials remains hidden from many by their robust media presence. This Article juxtaposes the decline of trials to changes in the role and shape of law in American society and to the continuing increase of laws, regulations, lawyers, and litigation

Afterword

Galanter expresses his appreciation to the wide-ranging collection of articles that flatteringly claim to be inspired or influenced by his work. He determines that apart from a few side trips to the UK and to Israel, all of his works have been clustered in two regions widely separated in both space and culture: predominantly India at first, then predominantly the US, and a mix of both

World without Trials, A

Imagine some friendly visitors to America-from Europe or Asia or even from Mars-who are seeking to comprehend the American legal system. Our Martian visitors would have seen A Civil Action and The Runaway Jury at the Red Canal multiplex and surely they have seen syndicated episodes of the ubiquitous Law and Order. Upon arrival they turn on the TV news in their hotel room and scan the newspaper slipped under the door and find both saturated with accounts of square-jawed wife murderers, egomaniacal corporate executives, and freakish entertainers on trial. Unsurprisingly, our visitors readily conclude that the trial is the central pivot of the American legal process