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    • 20341-01
    • [The] Constitutional Law of Civil Jury Trial
    • Langbein
    • Tue 4:10 PM-6:00 PM
    • 3
    • -
    • limited enrollment
    • paper required

    [The] Constitutional Law of Civil Jury Trial (20341). 3 units. The Seventh Amendment undertakes to "preserve" civil jury trial in "common law" cases. This seminar will explore the history and the modern workings of the Seventh Amendment and comparable state provisions. Among the topics to be considered will be the case law and scholarly literature concerning (1) the origins and the drafting of the Amendment; (2) the types of cases that qualify as "common law" within the meaning of the Amendment; (3) the application of the Amendment to novel causes of action; (4) whether there was or should be an exception for cases of unusual complexity; and (5) the challenges of reconciling various techniques of jury control (including directed verdict, judgment notwithstanding verdict, and summary judgment) with the constitutional text. Paper required. Enrollment limited to twelve. J.H. Langbein.

    Location: SLB - 108 (Tue)
    Grade mode: graded
    CRN: 10400