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Readers of recent law reviews and reports will not need to be told that in the last few years a very considerable controversy has arisen over the availability of jury trial in complex civil cases.1 In all the commentary addressed to this issue it seems to have escaped remark that there is nothing very new in attempts by certain interests to avoid jury trial. For instance, well over a century ago Hunt's Merchants' Magazine lamented the "frequent inability of jurors to agree" in commercial cases. 2 In part because "merchants tended to believe that in cases involving complex commercial issues . . . a single judge was likelier to understand the case and thus be more reliable than a jury," they "preferred whenever possible to bring suit in equity." 3 We are today witnessing a recrudescence of such efforts. Some who argue that juries need not be employed in complicated civil litigation maintain that juries are incapable of rendering

A Historical Inquiry into the Right to Trial by Jury in Complex Civil Litigation