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