Courts in Cyberspace

Journal of Legal Education

Volumn 46, Issue 1, 1996, Pages 94-97

  Eisenberg, Theodore ^a   Clermont, Kevin M ^a  

^a Department of Obstetrics Gynecology

Author keywords

[No Author keywords available]

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EID: 0642283298     PISSN: 00222208     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (9)

1. The claim for loss of psychic powers was not submitted to a jury; the pain-and-suffering award for allergic reaction was overturned by the trial judge. See Michele DiGirolamo, Judge Overturns $986,000 Jury Award to Psychic, UPI, Aug. 8, 1986 (a.m. cycle); Craig Vetter, Psychic Whiplash: Lawsuit Awards Are Out of Control, Playboy, Aug. 1986, at 33.
2. The claim for loss of psychic powers was not submitted to a jury; the pain-and-suffering award for allergic reaction was overturned by the trial judge. See Michele DiGirolamo, Judge Overturns $986,000 Jury Award to Psychic, UPI, Aug. 8, 1986 (a.m. cycle); Craig Vetter, Psychic Whiplash: Lawsuit Awards Are Out of Control, Playboy, Aug. 1986, at 33.
3. For the technically minded, let us further explain. We wrote this hypertext document in HTML, and then mounted it and a Netscape server on a UNIX machine. The user with a graphical or textual browser accesses and fills out this input page according to his or her research interests. Thai input is sent to a Perl script, which reformats the input and sends it to a Stata program for computations performed on the database. The statistical output goes bark to the Perl script, which composes a hypertext document that is sent seamlessly back to the user's browser as the output page.
4. See generally Kevin M. Clermont & Theodore Eisenberg, Trial by Jury or judge: Transcending Empiricism, 77 Cornell L. Rev. 1124, 1125 (1992).
5. Richard A. Posner, Economic Analysis of Law, 4th ed., 582 (Boston, 1992); accord Leon Sarky, Civil juries, Their Decline and Eventual Fall, 11 Loy. L. Rev. 243, 255-56 (1963) (semble); see Gordon Bermant et al., Protracted Civil Trials: Views from the Bench and the Bar 43-45 (Washington, 1981) (survey results).
6. Richard A. Posner, Economic Analysis of Law, 4th ed., 582 (Boston, 1992); accord Leon Sarky, Civil juries, Their Decline and Eventual Fall, 11 Loy. L. Rev. 243, 255-56 (1963) (semble); see Gordon Bermant et al., Protracted Civil Trials: Views from the Bench and the Bar 43-45 (Washington, 1981) (survey results).
7. Richard A. Posner, Economic Analysis of Law, 4th ed., 582 (Boston, 1992); accord Leon Sarky, Civil juries, Their Decline and Eventual Fall, 11 Loy. L. Rev. 243, 255-56 (1963) (semble); see Gordon Bermant et al., Protracted Civil Trials: Views from the Bench and the Bar 43-45 (Washington, 1981) (survey results).
8. See Clermont & Eisenberg, supra note 3, at 1135-37 (also explaining why it is vital so to limit the sample of trials). We use the same 20 case categories here, again amalgamate the eight different product liability categories into one, and eliminate cases in which the United States was a defendant and hence for which no jury right existed (but for simplicity's sake, this time we do not eliminate any cases because the datum of amount demanded was missing). A list of the resultant 13 categories appears in the table on page 97.
9. Theodore Eisenberg & Kevin M. Clermont, Trial by Jury or Judge: Which Is Speedier? 79 Judicature 176 (1996). In that article we not only take several steps toward controlling for the type of case tried by jury and judge, but also show that these cases start trial before judges no later than before juries and yet reach final disposition significantly later. That is, the slowdown in judge-tried cases occurs after trial begins.