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Summary Judgment and the Progressive Constitution

27 Pages Posted: 9 Apr 2008 Last revised: 12 Nov 2008

William E. Nelson

New York University School of Law


This symposium article is a response to Professor Suja Thomas's article Why Summary Judgment Is Unconstitutional, in large part agreeing with her historical findings but arguing that the Constitution must not be mired to the past but must capable of change to facilitate progress.

Keywords: summary judgment, Seventh Amendment, evolving common law, common law

JEL Classification: J1, K40, K41

Suggested Citation

Nelson, William E., Summary Judgment and the Progressive Constitution. Iowa Law Review, Vol. 93, No. 5, 2008; NYU School of Law, Public Law Research Paper No. 08-41. Available at SSRN:

William E. Nelson (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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