Suja A. Thomas

University of Illinois College of Law

504 E. Pennsylvania Avenue

Champaign, IL 61820

United States

  • University of Illinois College of Law

SCHOLARLY PAPERS

29

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SSRN CITATIONS
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Top 46,160

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3

CROSSREF CITATIONS

8

Scholarly Papers (29)

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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 2,547 (5,013)

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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 1,961 (7,791)
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: 14 Sep 2008
Suja A. Thomas
University of Illinois College of Law
Downloads 1,165 (17,839)

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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 395 (76,294)

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

5.

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 302 (103,222)

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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

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 297 (105,165)

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

7.

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 288 (108,719)

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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

8.

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 273 (115,068)

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9.

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 270 (116,348)

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

10.

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 259 (121,535)

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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

11.

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 257 (122,588)

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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

12.

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 248 (127,124)

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

13.

The Seventh Amendment, Modern Procedure and the English Common Law

Washington University Law Quarterly, Vol. 82, p. 687, 2004
Number of pages: 69 Posted: 29 Apr 2005
Suja A. Thomas
University of Illinois College of Law
Downloads 247 (127,668)

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7th Amendment

14.

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 246 (128,173)

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

15.

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: 29 May 2013
Suja A. Thomas
University of Illinois College of Law
Downloads 244 (129,244)

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

16.

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 242 (130,326)

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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

17.

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 217 (144,961)

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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

18.

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 209 (150,184)

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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.

Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment

Ohio State Law Journal, Vol. 64, p. 731, 2003
Number of pages: 87 Posted: 19 Nov 2003
Suja A. Thomas
University of Illinois College of Law
Downloads 205 (152,952)
Citation 2

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20.

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 194 (161,007)

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

21.

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 160 (190,776)

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Judiciary, Jury, Sixth Amendment, Seventh Amendment

22.

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 141 (211,842)

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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

23.

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 124 (234,309)

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

24.

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 114 (249,278)

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

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 Cincinnati College of Law and University of Illinois College of Law
Downloads 114 (249,278)

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employment discrimination, retaliation, frivolous, floodgates, Nassar

26.

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 71 (336,379)

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originalism, jury, common law, scalia

27.

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 40 (436,990)

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

28.

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 33 (466,962)

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summary judgment, Seventh Amendment, jury, reasonable jury

29.

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 22 (525,397)

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Seventh Amendment, civil jury, congress, fire courts