The most remarkable thing about this case of Georgia v. Brailsford is that a matter of such elementary importance in the daily administration of the law, after being announced in so dramatic a way by the Supreme Court of the United States at the very threshold of its career, could have dropped into oblivion for a hundred years only to be repudiated in a way hardly less dramatic by a sharply divided court. The controversy here disclosed goes to the very heart of the jury system as it has been developed by the common law and is still almost universally administered in this country. A study of it will disclose what the writer believes to be a great weakness in our method of using the jury, and will indicate the line along which reform ought to move.
Sunderland, Edson R. (1901-1956). "Verdicts, General and Special." Yale L. J. 29 (1919): 253-67.