The Jury Trial and Remedy Guarantees: Fundamental Rights or Paper Tigers?

Academic Symposium -- May 1, 2017, 8:00 am - 3:30 pm,
Hotel Monaco, 506 SW Washington, Portland, OR 97204


Cosponsored by the Oregon Law Review, the Oregon Jury Project, and the Pound Civil Justice Institute. 

Oregon Law Review, Vol. 96, No. 2, containing the final papers, presentations and panel discussions of the 2017 Symposium. 

Symposium Videos:

Part One

Part Two

Symposium Materials  /  Symposium Flyer

Symposium Scope
1.) A review of damages caps and their implications for state constitutional provisions that:

  • guarantee a remedy and a jury trial;
  • prohibit re-examination of verdicts; and 
  • reflect the separation of powers.

2.) A review of the practical consequences for litigants and the justice system when caps are applied.

Paper Writers and Discussants
Erwin Chemerinksy, University of California, Irvine, School of Law
Stephen Daniels, American Bar Foundation
Hon. Christine Durham, Utah Supreme Court
Travis Eiva, Zemper Eiva, Eugene, OR
Gene Hallman, Hallman Law Office, Pendleton, OR
Paula Hannaford-Agor, National Center for State Courts
Susan Marmaduke, Harrang Long Gary Rudnick, Portland, OR
David Miller, Miller & Wagner, Portland, OR
Robert Peck, Center for Constitutional Litigation
Hon. David Schuman, Oregon Court of Appeals
Catherine Sharkey, New York University School of Law
Hon. Martha Walters, Oregon Supreme Court
Gordon Welborn, Hart Wagner, Portland, OR
Hon. Michael Wolff, Dean Emeritus, Saint Louis University School of Law

Participants and Cost
Attendance at the Symposium is free for law professors, law students, judges, law clerks, and non-profits. Practitioners attend for $75 ($25 for those in practice for 10 or fewer years), which includes lunch  and CLE filing fees in Oregon. 6.5 CLE credit hours is anticipated from Oregon.  Registration income benefits the Oregon Law Review.

The Pound Civil Justice Institute
The Pound Civil Justice Institute is a national legal “think tank” created by pioneering members of the trial bar and dedicated to ensuring access to justice for ordinary citizens. Through its activities, the Institute works to give lawyers, judges, legal educators and the public a balanced view of the issues affecting the U.S. civil justice system.  Pound's work is supported by dues donations from attorney members called Fellows and by program donations. Pound is a 501(c)3 organization. Learn more about Pound's work, and about becoming a Pound Fellow, at

The Oregon Jury Project
The mission of the Oregon Jury Project is to educate the community at large about the civil justice system and the importance of trial by jury.