This article describes some of the advantages, disadvantages, potential benefits, and limitations of conducting empirical research to inform the civil rulemaking process. The article documents and analyzes the impact of fourteen Center studies during the last fourteen years in response to specific requests from rulemakers who wished to examine empirical data relevant to contemplated changes in the Federal Rules of Civil Procedure. From 77 Notre Dame Law Review 1121 (April 2002).

The drop in trial rate in civil cases over the past three decades prompts many hypotheses about the cause. One possible explanation is an increase in dispositive motions, especially motions for summary judgment. The Center has collected information on dispositive motions in cases terminated in six federal district courts during 1975, 1985, 1988, 1990, 1995 and 2000. This preliminary analysis examines changes in summary judgment practice.

This report to the Judicial Conference Committee on Court Administration and Case Management describes two different types of independent panels used in the silicone gel breast implants litigation. The use of such panels of appointed experts represents a marked departure from the traditional means of presenting and considering testimony. This report describes these expert panels in sufficient detail to permit others to understand the procedures that were used, the benefits that resulted, and the problems that arose. A similar version of this report was originally delivered to the Committee in November 1999.

Appendix B: Court Administration and Case Management Committee, Guidelines for Ensuring Fair and Effective Court-Annexed ADR

Appendix C: Differentiated Case Management System: Local Rules and Forms

Appendix D: Sample Statistical Reports

Appendix E: Bibliography

Appendix F: Table of Statutes

Appendix G: Table of Rules

Index