Trial Courts

Trial courts are an integral part of our judicial system, yet they are often ignored by scholars, even if they are overemphasized by the entertainment industry and the media. We offer three strong counterweights to this trend, two domestic and one comparative. Professor Tao Dumas provides a comprehensive primer on US civil trial courts along with a comparative analysis of civil outcomes in four US states that highlight key independent variables such as agenda and tort reforms. If other civil trial court reading is assigned, you may consider beginning with the literature specific to tort reform or starting with the data analysis section could also be an appropriate starting point for a reading assignment. Professor John W. Givens provides an intriguing look into the role that corporations may play in building civil law in foreign nations. Examining the use of civil courts by multinational companies in China, Givens shows that US corporate litigants do not always behave as litigiously in foreign nations as they do at home and thus do not necessarily help diffuse Western legal practice to non-Western legal systems. Professor Scott Hofer takes us beyond the trial and even the punishment to investigate how those reentering society may face significant obstacles that perpetuate recidivism.

“How Much is a Leg Worth?” by Tao Dumas

“On Their Best Behavior?” by John Wagner Givens

“Time Served” by Scott Hofer