The Unconstitutionality of Summary Judgment: A Status Report

11 Pages Posted: 9 Apr 2008 Last revised: 30 Sep 2008

Suja A. Thomas

University of Illinois College of Law

Abstract

Summary judgment is unconstitutional. This symposium article summarizes this thesis, which was first set forth in Why Summary Judgment Is Unconstitutional published by the Virginia Law Review. This article also describes the attention that the thesis has begun to receive in the federal courts and in media.

Keywords: 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

JEL Classification: J7, K40, K41

Suggested Citation

Thomas, Suja A., The Unconstitutionality of Summary Judgment: A Status Report. Iowa Law Review, Vol. 93, No. 5, 2008. Available at SSRN: https://ssrn.com/abstract=1117629

Suja A. Thomas (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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