Suja A. Thomas

University of Illinois College of Law

504 E. Pennsylvania Avenue

Champaign, IL 61820

United States

SCHOLARLY PAPERS

32

DOWNLOADS
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in Total Papers Downloads

12,983

SSRN CITATIONS

6

CROSSREF CITATIONS

8

Scholarly Papers (32)

1.

Why Summary Judgment is Unconstitutional

Virginia Law Review, Vol. 93, p. 139, 2007, University of Cincinnati Public Law Research Paper No. 06-04
Number of pages: 42 Posted: 23 Feb 2006
Suja A. Thomas
University of Illinois College of Law
Downloads 2,939 (8,179)

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summary judgment, Seventh Amendment, jury, trial, civil procedure, Fidelity & Deposit Company, judgment as a matter of law, judgment notwithstanding the verdict, directed verdict, common law, originalism, demurrer to the evidence, Celotex, Anderson, Liberty Lobby, Parklane, Redman, Galloway, Slocum

2.

The New Summary Judgment Motion: The Motion to Dismiss Under Iqbal and Twombly

Illinois Public Law Research Paper No. 09-16, Lewis & Clark Law Review, Vol. 14, No. 15, 2010
Number of pages: 28 Posted: 27 Oct 2009 Last Revised: 15 Jun 2010
Suja A. Thomas
University of Illinois College of Law
Downloads 2,049 (14,549)
Citation 3

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Iqbal, Twombly, Bell Atlantic, summary judgment, motion to dismiss, plausible, plausibility, Rule 56, Rule 8, Rule 8(a)(2), notice pleading, notice, Conley

3.

Why the Motion to Dismiss is Now Unconstitutional

Minnesota Law Review, Vol. 92, 2008, U of Cincinnati Public Law Research Paper No. 07-15
Number of pages: 40 Posted: 28 Aug 2007 Last Revised: 13 Jul 2022
Suja A. Thomas
University of Illinois College of Law
Downloads 1,256 (30,656)

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motion to dismiss, summary judgment, Twombly, Tellabs, Conley, Seventh Amendment, jury, antitrust, securities fraud, common law, civil procedure

4.

Employer Costs and Conflicts under the Affordable Care Act

99 Cornell Law Review Online 56 (2013), Illinois Public Law Research Paper No. 13-53
Number of pages: 14 Posted: 23 Jul 2013 Last Revised: 06 Jan 2014
Suja A. Thomas and Peter Molk
University of Illinois College of Law and University of Florida Levin College of Law
Downloads 422 (128,449)

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Affordable Care Act, retaliation, restructuring, employment, harassment, costs, health care, employer, insurance, part-time, full-time

5.

The Customer Caste: Lawful Discrimination by Public Businesses

California Law Review, Vol. 109, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 20-14
Number of pages: 68 Posted: 18 Apr 2020 Last Revised: 31 Dec 2022
Suja A. Thomas
University of Illinois College of Law
Downloads 380 (144,730)
Citation 2

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Discrimination, Public Accommodations, Business, Title II, Civil Rights Act of 1964, Section 1981, Civil Rights Act of 1866

6.

What Happened to the American Jury? Proposals for Revamping Plea Bargaining and Summary Judgment

Litigation, Vol. 43, No. 3 (Spring 2017), University of Illinois College of Law Legal Studies Research Paper No. 17-31
Number of pages: 6 Posted: 30 May 2017 Last Revised: 07 Jul 2017
Suja A. Thomas
University of Illinois College of Law
Downloads 358 (154,667)

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plea bargaining, summary judgment, jury, criminal, civil, grand

7.

Summary Judgment and the Reasonable Jury Standard: A Proxy for a Judge's Own View of the Sufficiency of the Evidence?

Judicature, Vol. 97, No. 5, March/April 2014, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-31, Illinois Public Law Research Paper No. 14-35
Number of pages: 7 Posted: 01 May 2014 Last Revised: 15 May 2014
Suja A. Thomas
University of Illinois College of Law
Downloads 349 (159,001)

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summary judgment, jury, reasonable jury, judgment as a matter of law, directed verdict

8.

Oddball Iqbal and Twombly and Employment Discrimination

University of Illinois Law Review, Vol. 2011, No. 1, 2011, Illinois Public Law Research Paper No. 10-09
Number of pages: 14 Posted: 22 Sep 2010 Last Revised: 14 Feb 2011
Suja A. Thomas
University of Illinois College of Law
Downloads 327 (170,593)

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Iqbal, Twombly, employment discrimination, costs, plausible, motion to dismiss, summary judgment, Swierkiewicz, Richard Epstein, asymmetry, plausibility, Rule 56, Rule 8(a)(2), Rule 8, notice pleading, notice, Conley

9.

Nonincorporation: The Bill of Rights after McDonald v. Chicago

Notre Dame Law Review, Vol. 88, 2012, Illinois Public Law Research Paper No. 13-04
Number of pages: 46 Posted: 09 Feb 2012 Last Revised: 13 Mar 2013
Suja A. Thomas
University of Illinois College of Law
Downloads 325 (171,684)

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10.

Frivolous Cases

DePaul Law Review, Vol. 59, p. 633, 2010, Illinois Public Law Research Paper No. 08-36
Number of pages: 16 Posted: 30 May 2009 Last Revised: 15 Jun 2010
Suja A. Thomas
University of Illinois College of Law
Downloads 315 (177,412)

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frivolous, jury trial, Seventh Amendment, trial, litigation, cost, Rule 11, summary judgment, motion to dismiss, caps, heightened pleading, prisoner, employment discrimination

11.

Keynote: Before and After the Summary Judgment Trilogy

Loyola University Chicago Law Journal, Vol. 43, 2012, Illinois Public Law Research Paper No. 11-08
Number of pages: 17 Posted: 15 Nov 2011 Last Revised: 19 Jan 2013
Suja A. Thomas
University of Illinois College of Law
Downloads 305 (183,549)
Citation 1

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trilogy, summary judgment, motion to dismiss, remittitur, arbitration, judgment as a matter of law, directed verdict, jury, trials

12.

The Civil Jury: The Disregarded Constitutional Actor

U of Cincinnati Public Law Research Paper No. 07-30
Number of pages: 11 Posted: 12 Nov 2007 Last Revised: 27 Nov 2007
Suja A. Thomas
University of Illinois College of Law
Downloads 291 (192,948)

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jury, summary judgment, motion to dismiss, remittitur, tort reform, Seventh Amendment

13.

How Atypical, Hard Cases Make Bad Law (See, e.g., The Lack of Judicial Restraint in Twombly, Wal-Mart, and Ricci)

Wake Forest Law Review, Vol. 48, 2013, Illinois Public Law Research Paper No. 13-43
Number of pages: 37 Posted: 08 Mar 2013 Last Revised: 05 Sep 2023
Suja A. Thomas
University of Illinois College of Law
Downloads 284 (197,801)

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Judicial restraint, judicial modesty, judicial humility, Wal-Mart, Ricci, Twombly, stare decisis

14.

Blackstone's Curse: The Fall of the Criminal, Civil, and Grand Juries and the Rise of the Executive, the Legislature, the Judiciary, and the States

William & Mary Law Review, Vol. 55, No. 3, 2014, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-30, Illinois Public Law Research Paper No. 14-34
Number of pages: 46 Posted: 15 Apr 2014 Last Revised: 15 May 2014
Suja A. Thomas
University of Illinois College of Law
Downloads 282 (199,259)
Citation 1

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Blackstone, jury, civil jury, criminal jury, grand jury, executive, legislature, judiciary, states, separation of powers, federalism, English common law, military tribunals, plea bargaining, Seventh Amendment, Sixth Amendment, Fifth Amendment, incorporation, summary judgment

15.

Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment

Number of pages: 87 Posted: 19 Nov 2003
Suja A. Thomas
University of Illinois College of Law
Downloads 281 (199,969)

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16.

The PSLRA's Seventh Amendment Problem

U of Cincinnati Public Law Research Paper No. 07-03
Number of pages: 26 Posted: 07 Mar 2007
Suja A. Thomas
University of Illinois College of Law
Downloads 278 (202,132)

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Private Securities Litigation Reform Act, PSLRA, heightened, fraud, civil procedure, 9(b), 12(b)(6), motion to dismiss, Seventh Amendment, jury, securities, English common law, common law, scienter, corporations

17.

The Seventh Amendment, Modern Procedure and the English Common Law

Number of pages: 69 Posted: 29 Apr 2005
Suja A. Thomas
University of Illinois College of Law
Downloads 277 (202,914)

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7th Amendment

18.

Why Summary Judgment is Still Unconstitutional: A Reply to Professors Brunet and Nelson

Iowa Law Review, Vol. 93, No. 5, 2008
Number of pages: 19 Posted: 09 Apr 2008 Last Revised: 30 Sep 2008
Suja A. Thomas
University of Illinois College of Law
Downloads 276 (203,655)

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summary judgment, Seventh Amendment, jury, trial, civil procedure, Fidelity & Deposit Company, judgment as a matter of law, judgment notwithstanding the verdict, directed verdict, common law, originalism, demurrer to the evidence, Celotex, Anderson, Liberty Lobby, Parklane, Redman, Galloway, Slocum

19.

A Limitation on Congress: 'In Suits at Common Law'

Ohio State Law Journal, Vol. 71, No. 5, p. 1071, 2010, Illinois Public Law Research Paper No. 10-02
Number of pages: 38 Posted: 07 Jul 2010 Last Revised: 16 Jan 2011
Suja A. Thomas
University of Illinois College of Law
Downloads 250 (224,743)

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Seventh Amendment, Jury Trial, In Suits at Common Law, Congress, Administrative Agency, Bankruptcy Court, Common Law, Originalism

20.

The Missing Branch of the Jury

77 Ohio State Law Journal 1261 (2016), University of Illinois College of Law Legal Studies Research Paper No. 16-24
Number of pages: 62 Posted: 02 Jun 2016 Last Revised: 14 Oct 2017
Suja A. Thomas
University of Illinois College of Law
Downloads 245 (229,254)

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seventh amendment, article III, fifth amendment, tenth amendment, executive, legislature, judiciary, civil jury, grand jury, criminal jury, branch, separation of powers, federalism

21.

The Fallacy of Dispositive Procedure

Boston College Law Review, Vol. 50, 2009, Illinois Public Law Research Paper No. 08-09
Number of pages: 26 Posted: 07 Jan 2009 Last Revised: 13 May 2009
Suja A. Thomas
University of Illinois College of Law
Downloads 244 (230,200)

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summary judgment, directed verdict, judgment as a matter of law, jury, reasonable jury, reasonable juror, reasonableness, reasonable man, sufficiency of the evidence, legal fiction

22.

The Unconstitutionality of Summary Judgment: A Status Report

Iowa Law Review, Vol. 93, No. 5, 2008
Number of pages: 11 Posted: 09 Apr 2008 Last Revised: 30 Sep 2008
Suja A. Thomas
University of Illinois College of Law
Downloads 229 (244,692)

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summary judgment, Seventh Amendment, jury, trial, civil procedure, Fidelity & Deposit Company, judgment as a matter of law, judgment notwithstanding the verdict, directed verdict, common law, originalism, demurrer to the evidence, Celotex, Anderson, Liberty Lobby, Parklane, Redman, Galloway, Slocum

23.

Judicial Modesty and the Jury

University of Colorado Law Review, Vol. 76, p. 767, 2005, U of Cincinnati Public Law Research Paper No. 05-17
Number of pages: 47 Posted: 05 Sep 2005
Suja A. Thomas
University of Illinois College of Law
Downloads 189 (292,238)

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Judiciary, Jury, Sixth Amendment, Seventh Amendment

24.

Introducing Text-Bound Originalism (And Why Originalism Does Not Strictly Govern Same Sex Marriage)

2015 U. Ill. L. Rev. Slip Opinions 61, University of Illinois College of Law Legal Studies Research Paper No. 15-19
Number of pages: 14 Posted: 17 Mar 2015 Last Revised: 06 May 2015
Suja A. Thomas
University of Illinois College of Law
Downloads 149 (358,375)

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Originalism, Original Public Meaning, Equal Protection Clause, Fourteenth Amendment, Seventh Amendment, jury, same sex marriage, marriage equality

25.

Fakers and Floodgates

Stanford Journal of Civil Rights and Civil Liberties, No. 10, 2014, U of Cincinnati Public Law Research Paper No. 15-02, University of Illinois College of Law Legal Studies Research Paper No. 15-10
Number of pages: 29 Posted: 13 Dec 2014 Last Revised: 10 Mar 2015
Sandra Sperino and Suja A. Thomas
University of Missouri School of Law and University of Illinois College of Law
Downloads 147 (362,361)

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employment discrimination, retaliation, frivolous, floodgates, Nassar

26.

How Atypical Cases Make Bad Rules: A Commentary on the Rulemaking Process

Nevada Law Journal, Vol. 15, 2014-15
Number of pages: 16 Posted: 15 Feb 2015
Suja A. Thomas and Dawson Price
University of Illinois College of Law and Private Practice
Downloads 132 (396,743)

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discovery, advisory committee, rules, rules enabling act, rulemaking, amendments, proportional, proportionality, 26(b)(1)

27.

Foreword: Originalism and the Jury

Ohio State Law Journal, Vol. 71, No. 5, 2010
Number of pages: 3 Posted: 18 Jul 2012
Suja A. Thomas
University of Illinois College of Law
Downloads 120 (423,958)

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originalism, jury, common law, scalia

28.

Why (Jury-Less) Juvenile Courts are Unconstitutional

Emory Law Journal, Vol. 69, No. 2, 2019, University of Illinois College of Law Legal Studies Research Paper No. 20-16
Number of pages: 47 Posted: 23 Feb 2020
Suja A. Thomas and Collin Stich
University of Illinois College of Law and affiliation not provided to SSRN
Downloads 108 (458,430)

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jury, juvenile, jury trial, Sixth Amendment, judge

29.

Reforming the Summary Judgment Problem: The Consensus Requirement

86 Fordham L. Rev. 2241 (2018), University of Illinois College of Law Legal Studies Research Paper No. 18-25
Number of pages: 21 Posted: 14 Jun 2018
Suja A. Thomas
University of Illinois College of Law
Downloads 67 (613,936)

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summary judgment, jury, consensus, massaging, facts, police, unconstitutional, seventh amendment

30.

The Limits of History: The English Fire Courts, Congress, the Seventh Amendment Civil Jury Trial

83 U. Chi. L. Rev. Online 281 (2018), University of Illinois College of Law Legal Studies Research Paper No. 18-17
Number of pages: 15 Posted: 16 Feb 2018 Last Revised: 08 May 2018
Suja A. Thomas
University of Illinois College of Law
Downloads 57 (665,660)

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Seventh Amendment, civil jury, congress, fire courts

31.

Brief of Professor Suja A. Thomas As Amicus Curiae in Support of Plaintiff-Appellant Jerberee Jefferson and Reversal of District Court

University of Illinois College of Law Legal Studies Research Paper No. 18-7
Number of pages: 46 Posted: 12 Sep 2017 Last Revised: 06 Nov 2017
Suja A. Thomas
University of Illinois College of Law
Downloads 52 (694,204)

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summary judgment, Seventh Amendment, jury, reasonable jury

32.

Brief of Professors Suja A. Thomas and Amy J. Wildermuth as Amici Curiae in Support of Petitioner in Muldrow v. City of St. Louis

Number of pages: 32
Suja A. Thomas and Amy J. Wildermuth
University of Illinois College of Law and University of Pittsburgh - School of Law
Downloads 0

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plain language, Title VII, transfer

Other Papers (1)

Total Downloads: 49
1.

What Timbs Does Not Say

George Washington Law Review On the Docket (March 7, 2019),
Number of pages: 3 Posted: 24 Feb 2020
Suja A. Thomas
University of Illinois College of Law
Downloads 49

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grand jury, civil jury, unanimity, Timbs, jury