Michael Smith, ‘Trial By Combat in the Modern World’

The ancient practice of trial by combat was abandoned hundreds of years ago and has never been employed in America. This has not stopped litigants and others from demanding trial by combat in infrequent – a tactic which, while infrequent, implicates deeper questions of the history of American law. In the past several years, several high profile demands for trial by combat have prompted media attention and caused several commentators to suggest that trial by combat may be an option for civil litigants. Most coverage and commentary only focuses on each instance of trial by combat as they arise – without attention to other examples of demands or references to trial by combat in modern American law …

Smith, Michael L, Trial By Combat in the Modern World (August 8, 2021).

First posted 2021-08-17 13:00:39

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