The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts

  title={The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts},
  author={Marc Galanter},
  journal={Journal of Empirical Legal Studies},
  • M. Galanter
  • Published 1 November 2004
  • Law, History
  • Journal of Empirical Legal Studies
This article traces the decline in the portion of cases that are terminated by trial and the decline in the absolute number of trials in various American judicial fora. The portion of federal civil cases resolved by trial fell from 11.5 percent in 1962 to 1.8 percent in 2002, continuing a long historic decline. More startling was the 60 percent decline in the absolute number of trials since the mid 1980s. The makeup of trials shifted from a predominance of torts to a predominance of civil… 
A Grin without a Cat: The Continuing Decline & Displacement of Trials in American Courts
Over the past half-century, the number of cases entering American federal and state courts has multiplied. But, largely unobserved by the public, the percentage of those cases that are disposed of by
Where Have All the Trials Gone? Settlements, Non-Trial Adjudications and Statistical Artifacts in the Changing Disposition of Federal Civil Cases
If trials have been vanishing from the federal courts in the past few decades, it matters, from a normative perspective, whether this trend reflects an increase in private settlements (as many
General Civil Jury Trial Litigation in State and Federal Courts: A Statistical Portrait
Using data from the Civil Justice Survey of State Courts and the Administrative Office of the U.S. Courts, this article compares general civil (tort, contract, and real property) jury trials
The role of judges in processing criminal legal conflicts has changed dramatically in the past decades. A recent NY Times article' provides current data on the rate ofjury trials in the Federal
The Revolution of 1938 and its Discontents
This paper explores the divergence between the purposes and goals of the 1938 Federal Rules of Civil Procedure and the purposes and goals of litigation today. In doing so, we chronicle some of the
Institutions, Rulemaking, and the Politics of Judicial Retrenchment
  • Sarah Staszak
  • Law, History
    Studies in American Political Development
  • 2010
This article examines the efforts of political and legal actors to scale back access to the courts and judicial authority in the decades since the rights revolution of the 1950s and 1960s. Despite
The Ideal and the Actual in Procedural Due Process
This Essay describes the ideal/actual divide in procedure—the cognitive, doctrinal and ideological effects of lingering on the ideal side of it, and the forms of subordination perpetuated on the actual side.
Judicial review and the vanishing trial
The thesis aims to contribute to the ‘vanishing trial’ debate. The first part updates and extends the existing body of research in this field on civil cases in courts of first instance in England and
Research Note: Examining Civil Trial Litigation in State Courts
Since 1992, the Bureau of Justice Statistics has collected data on civil disputes adjudicated by trial in state courts of general jurisdiction. Although civil trials represent a small fraction of all
Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts
This review essay, by Professor Carrie Menkel-Meadow and Dean Bryant Garth, reports on the history and deployment of empirical studies of civil procedure rules, court policies, and legal developments


Vanishing Trials: The Bankruptcy Experience
The federal bankruptcy system provides two critical points of comparison with data about the overall trends of federal lawsuits and trials. The first is the rising number of bankruptcy filings, which