“Trial by jury,” wrote Alexis de Tocqueville, “spreads to all classes respect for the thing judged and the idea of right.” Yet the past quarter century has witnessed a remarkable decline in the frequency of public civil jury trials, in favor of alternative methods for settling disputes and compensating victims. Are democratic values being lost through this trend? Do the societal benefits outweigh the costs? Featuring plaintiff’s attorney Steve Susman, alternative dispute resolution expert Kenneth Feinberg, and antitrust and commercial litigator Bert Rein. Moderated by Jeffrey Rosen, president and CEO of the National Constitution Center.
From The Susman Conversation on the Constitution and the Courts Series.