Article Title

The Diminished Trial


Access to Justice; Litigation; Reform; Judges; Activist Judges; Managerial Judging; Trials


This Article thus highlights the need for a much larger inquiry into not only what is happening to trials but also what is happening in those that remain. Part I draws together statistics that suggest that trials are changing: Short trials (of one day) are becoming relatively more common, while long trials (of twenty days or more) are becoming less common.Part II then identifiesand explores some of the factors that may explain these trends. Finally, a brief conclusion highlights some problems with all the above and issues a call for further study and analysis.


Law; Litigation; Civil Procedure; Courts; Judges; Legal Profession; Civil Law; Commercial Law