University of Chicago Legal Forum Volume 1990 | Issue 1 Article 9 Civil Jury as a Regulator of the Litigation Process Marc Galanter
[email protected] Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Galanter, Marc () "Civil Jury as a Regulator of the Litigation Process," University of Chicago Legal Forum: Vol. 1990: Iss. 1, Article 9. Available at: http://chicagounbound.uchicago.edu/uclf/vol1990/iss1/9 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. The Civil Jury as Regulator of the Litigation Process Marc Galantert This paper is not about juries as such, but about their role in the complex of adjudication, bargaining and maneuver that consti- tutes the American system of civil litigation. I have elsewhere in- sisted, not entirely facetiously, that we should refer to this as a system of "litigotiation," in which adjudication and negotiation are blended into a single system of disputing in the vicinity of courts.' In many sectors of our disputing system, jury trials are thought to form the apex of a pyramid of cases, most of which are settled "in the shadow" of expected jury verdicts. The effects of juries then depend upon professional and non-professional legal actors' esti- mates of the propensities of juries. These estimates reflect what juries have done-so far as this is known to subsequent legal ac- tors.