Tuesday, January 27, 2009

Prof. Suja Thomas Posts Article on Dispositive Procedure

Prof. Suja Thomas (Illinois) recently posted an Article entitled The Fallacy of Dispositive Procedure on SSRN. Here is the Abstract:

I have another seemingly heretical proposition - that dispositive procedure is fatally flawed. The Supreme Court has held that a judge can dismiss a case before, during, or after trial if he decides a reasonable jury could not find for the plaintiff. The Court has also held that a judge cannot dismiss a case based on his own view of the sufficiency of the evidence. I contend, however, that judges do exactly that. Judges dismiss cases based simply on their own views of the evidence, not based on how a reasonable jury could view the evidence. This phenomenon can be seen in the decisions dismissing cases. Judges describe how they perceive the evidence, interchangeably use the terminology of reasonable jury, reasonable juror, rational juror, and rational fact-finder among others although very different in meaning, and indeed, disagree among themselves on what the evidence shows. I further argue that the reasonable jury standard involves several layers of legal fiction. Those fictions include the current substitution of a judge's views for a reasonable jury's views, the speculative determination by a judge of whether a reasonable jury could find for the plaintiff, the assumption that disagreement among judges on the sufficiency of the evidence does not show a reasonable jury could find for the plaintiff, and the assumption that disagreement among judges on the sufficiency of the evidence demonstrates unreasonableness on the part of some of the judges. These legal fictions, which underlie the reasonable jury standard, show that the basis of dispositive procedure is fatally flawed.

This Article may be downloaded by visiting http://ssrn.com/abstract=1323484.


At 2:20 PM, Anonymous essay paper help said...

I suppose that the two principal types of dispositive motion in contemporary American legal practice are the motion to dismiss and the motion for summary judgment

At 8:18 AM, Blogger Sophia Lawrence said...

The case was dismissed. This despicable you didn't fail, but you didn't success also. They can remain to go once the money but except they arise to court with new evidence you can undertake they will fail another time. I did just snub all this and convey them the case was dismissed which means you don't be obliged the money and see you. They will keep demanding to acquire the money but you can keep snubbing them.

Regards Cheap Essays Help UK

At 7:47 AM, Blogger Jennifer said...

Grateful to you for offering to us and they can stay to go once the cash however aside from Cheap Assignment emerge to court with new proof you can attempt they will fall flat some other time. The to a great degree extraordinary post demonstrated the required point.

At 7:43 AM, Blogger johnpeter said...

Thanks for giving great kind of information. So useful and practical for me. Thanks for your excellent blog, nice work keep it up thanks for sharing the knowledge ij.start.canon


Post a Comment

<< Home