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Feb. 4, 2017
Professor talks mandatory jury trial in civil cases
Although the thesis in Professor Suja A. Thomas' "The Missing American Jury" that summary judgments are unconstitutional is essentially impractical and unusable advice, scholarship that might seem absurd to a practitioner is what helps law evolve.
Steven S. Kimball
400 Capitol Mall Ste 2400
Sacramento , CA 95814
Fax: (916) 930-3201
Email: stvkmb52@gmail.com
UC Berkeley Boalt Hall
Steven is a lawyer in Sacramento
In just 10 pages of analysis in "The Missing American Jury" (Cambridge University Press 2016), Professor Suja A. Thomas declares summary judgment unconstitutional under the Seventh Amendment because there was no sufficiently analogous procedure under the common law of 18th century England. Summary judgment has been part of the Federal Rules of Civil Procedure since they were adopted by the United States Supreme Court in 1938. Its roots are said to be date back in England to the 19th centur...
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