Introduction to the symposium.

• Author: Berry, Jennie

The 2005 Stanford Law Review Symposium, The Civil Trial: Adaptation and Alternatives, explores major changes in the civil litigation landscape and discusses long-term implications of these developments. Topics covered span the dramatic decline in the number of federal civil trials over the past four decades, proposed reforms to the trial system's treatment of class action litigation, and the increasing prominence of alternatives to civil trials, such as arbitration and privately administered trusts.

The live event accompanying the following articles occurred on February 4 and 5, 2005, and it gave rise to both critical evaluation of and constructive responses to these important trends in civil litigation. Participants included academics, judges, and practitioners who adopted a broad range of perspectives. The Symposium program and audio of the keynote address and panels are available on the Review's website, http://lawreview.stanford.edu.

The Symposium began on Friday, February 4, with a panel on the "Decline of the Federal Civil Trial." The panel was moderated by JoAnne Epps, from Temple University's Beasley School of Law, and the panelists included Marc Galanter of the University of Wisconsin School of Law, Gillian Hadfield of the University of Southern California Law School, Fifth Circuit Judge Patrick Higginbotham, and Martin Redish of the Northwestern University School of Law. The panel began with a discussion of Galanter's findings that while the number of lawsuits filed continues to increase, the number of completed federal civil trials has been on a steady decline. Panelists then explored the extent and nature of this development and considered how this trend may impact future civil litigants.

The second panel on Friday afternoon was on "Privately Administered Trust Funds." Stanford Law School Dean Larry Kramer moderated the panel, which included David Austern of the Claims Resolution Management Corporation, Deborah Hensler of Stanford Law School, Francis McGovern of the Duke University School of Law, and Georgene Vairo of Loyola Law School. The panel evaluated the use of administrative trust funds in dealing with mass claims, as compared to the use of civil trials. Panelists also discussed what types of individuals or bodies--publicly or privately appointed judges, a special mass claims court, or some other individual or body--should be making decisions as to the allocation of these trust funds.

The Saturday events began with a...