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.
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!
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.)
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."
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.