An Easier Path To Jury Verdicts . . . And Law School Hiring

From the October 15, 1897, New York Times (PDF file):

(HT: @JuryTalk via Overlawyered)

The story goes on to report that, according to the affidavit, the jury vote stood at 11-1 in favor of the plaintiff, with juror R.A. Kennedy the sole vote in favor of the defendant.  To resolve the disagreement, the jurors determined that a game of seven up would be played between jurors Kennedy and Collier and Collier won.  The affidavit “alleges that upon this agreement a verdict was returned for the plaintiff.”

I don’t understand what the big deal is, really.  Isn’t that the common method for resolving entry-level hiring disputes?  So much easier than reading those forms . . .

Laterals require more seriousness, of course – rock-paper-scissors.  Lateral committee members improve your game here, courtesy of The Mathematical Association of America. 

Comments

[Tim Zinnecker]

Kim, maybe it's time that we present an idea to the networks for a new reality show. "So, You Want To Be A Law Professor." I'm sure among Dan, Al, Laura, Kevin, Calvin, Kathy, Jacqui, you, and me we could write a "pilot" that would have the masses begging for more (think "The Apprentice" or "Who Wants To Be A Tenure-Tracker" or "Are You Smarter Than Richard Posner?").

I smell a Nielsen winner here!

[Alfred]

Tim--excellent idea, though shouldn't it be "Are you smarter [more knowledgeable] than a 1L"?

But back to Kim's post, there's a long history of this sort of thing -- including flipping coins.

http://books.google.com/books?id=HBFhpQXzbT4C&pg=PA54&lpg=PA54&dq=penn+jurors+flipped+coin+offutt&source=bl&ots=T-XcRzEXsW&sig=iyfN0ufYoxFt5Hc38Xl_5oN5fi8&hl=en&ei=tJiBSuqxGYamMNTjiaAL&sa=X&oi=book_result&ct=result&resnum=1#v=onepage&q=&f=false

(The vignette is at the bottom of page 54, just above note 72.)

[Colin Miller]

The allegation in Vaise v. Delaval, the case that led to Mansfield's Law, the English progenitor to Rule 606(b) (the anti-jury impeachment rule), was that "the jury being divided in their opinion, had tossed up," i.e., resolved the case by "flipping a coin or some other method of chance determination."

[Kim Krawiec]

See, now the coin flipping is just wrong to me -- I do have some standards. I'm on board for the reality show advisory role, though.