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Revisiting the Unanimity Requirement: The Behavior of the Non-Unanimous Civil Jury


From the Northwestern University Law Review.

Legal scholarship in the 21st century reflects a growing interest in behavioral research on law and legal institutions. In this essay, Shari Seidman Diamond, Mary R. Rose, and Beth Murphy turn to behavioral research on the jury and use a unique set of real jury deliberations to raise serious questions about the trend toward dispensing with the unanimity requirement in civil jury trials.