(from link)
PHILIP HOWARD: Yeah, much less a jury. But juries don’t have any authority to make binding precedent. That’s the problem with juries. It’s not that they’re not sensible most of the time — most of the time. It’s that they don’t, there’s no consistency. Every jury’s different. So the current system basically encourages wildly inconsistent verdicts. That’s what’s wrong. That’s exactly what the rule of law is not supposed to do.

Any stats on how many of these cases go to jury trial versus adjudication by a judge?

In any event, those two ‘classes’ would bear some responsibility as well for not seeing through frivolous lawsuits.

This was the case made about two weeks ago when The Journal Editorial Report featured a lawyer named Philip Howard was featured. Mr. Howard has written a book entitled The Collapse of the Common Good : How America’s Lawsuit Culture Undermines Our Freedom. The transcript for the show is here.