Thomas Posts Article Challenging the Constitutionality of Summary Judgment

Professor Suja A. Thomas has recently posted her article entitled Why Summary Judgment is Unconstitutional on SSRN. Here is an excerpt from the Introduction:

Summary judgment is unconstitutional. I understand that this assertion will face resistance from many, including the numerous federal judges and defense lawyers who have come to rely on the device. The procedure is well-entrenched in our federal courts through its ubiquity and lengthy history. Nevertheless, I will show that summary judgment fails to preserve a civil litigant’s right to a jury trial under the Seventh Amendment.

Those interested in reading this article may download it from SSRN by clicking http://papers.ssrn.com/sol3/papers.cfm?abstract_id=886363.