The essay is abit po faced
but worth a read.
It is a bit different in UK - the judges may sit commonly without a jury and find questions of fact -clearly this is a big deal in Amerikee
The small print at the end of the prog say tha the producers of the prog pay the defence damages, and I had worked out that therefore some defences whcih are dogs that wont run are entered - because some on elese will pay if he loses. I also hadnt clicked that third party paying in a arbitration dispute is against public policy......