This article traces the decline in the portion of cases that are terminated by trial and the
decline in the absolute number of trials in various American judicial fora. The portion of …

Questions about how children fare in divided families have become as perplexing and
urgent as they are common. In this landmark work on custody arrangements, the …

The fact that litigation ends in settlement in the vast majority of cases may lead one to
conclude that settlement is the" preferred" alternative to going to trial. Efforts to promote …

Each year more than 2 million Americans divorced, and most of them use a lawyer. In closed-
door conversations between lawyers and their clients strategy is planned, tactics are …

N this Article I tell a tale of legal innovation co-opted. Put another way, this is a story of the
persistence and strength of our adversary system in the face of attempts to change and …

One barrier facing any attempt to devise a uniform law for diverse jurisdictions is the
occasional- perhaps even frequent- difficulty of writing rules that will accurately guide …

This is a report of a study in the state of Wisconsin of a random sample of 590 divorced
mothers and fathers who shared the physical care of their children and 590 who had …

The text outlines the organization of the Federal and State courts and analyzes the impact of
organizational structures on courts' policy decisions. A discussion of lawyers focuses on the …

The phenomenon of dispute transformation, formulated now long ago, 2 is generally
accepted and remains largely unchallenged within legal scholarship. 3 I present it here as a …

Imagine some friendly visitors to America—from Europe or Asia or even from Mars—who are
seeking to comprehend the American legal system. Our Martian visitors would have seen A …