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.
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