Footnote 21

See supra text accompanying note 4; but cf. Gillian Hadfield, Where Have All the Trials Gone? Settlements, Nontrial Adjudications and Statistical Artifacts in the Changing Disposition of Federal Civil Cases, 1 J. Empirical Legal Stud. 705, 705 (2004) (noting smaller percentage of cases disposed of by settlement in 2000 than in 1970).