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Texas Wesleyan Law Review

Authors

Terry R. Means

Publication Date

3-1-2006

Document Type

Symposium

Abstract

United States Circuit Judge Patrick E. Higginbotham, in his October 2004 Eldon B. Mahon lecture at the Bass Hall in Fort Worth, once again identified and criticized a phenomenon in American jurisprudence that has been of great concern to him for several years. Judge Higginbotham's identification of and "take" on this development can be fairly summarized by referring to the title of a similar lecture he delivered at Loyola University School of Law, which was published in the Fall 2002 SMU Law Review: So Why Do We Call Them Trial Courts? My reply today, entitled What's So Great About a Trial Anyway?, is an effort, and a risky one on my part given his status as compared to mine, to join issue with my friend and colleague on the bench on whether the decline in trials in America, and especially in federal district court, is a positive or a negative development, or, perhaps something in between.

DOI

10.37419/TWLR.V12.I2.3

First Page

513

Last Page

521

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