The Death of the American Trial
ISBN: 9780226081281
Platform/Publisher: Oxford Academic / University of Chicago Press
Digital rights: Users: Unlimited; Printing: Unlimited; Download: Unlimited
Subjects: Constitutional and Administrative Law; Courts and Procedure;

In The Death of the American Trial , distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture's greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions--between idealism and realism, experts and citizens, contextual judgment and reliance on rules--that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial's demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.


Robert P. Burns is professor at the Northwestern University School of Law. He is the author of A Theory of the Trial .

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