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Has The Right To A Jury Trial As Guaranteed Under The Seventh Amendment Become Outdated In Complex Civil Litigation?, Georgiana G. Rodiger
Has The Right To A Jury Trial As Guaranteed Under The Seventh Amendment Become Outdated In Complex Civil Litigation?, Georgiana G. Rodiger
Pepperdine Law Review
Recognizing the continually increasing burden placed on the jury in complex litigation cases, the author undertakes an extensive study of the origins of jury trials in the United States and England. Various arguments in favor of eliminating jury trials in complex litigation are discussed, along with a possible constitutional method of limiting the scope of the seventh amendment guarantee. The author also studies the case of Ross v. Bernhardt where the Supreme Court outlined a seldom used three- pronged test to determine whether or not a jury trial is constitutionally appropriate. The comment concludes that the factors in favor of …
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Michigan Law Review
The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …
Book Reviews, Stanley D. Rose (Reviewer), Charles C. Trabue, Jr. (Reviewer)
Book Reviews, Stanley D. Rose (Reviewer), Charles C. Trabue, Jr. (Reviewer)
Vanderbilt Law Review
READINGS IN AMERICAN LEGAL HISTORY
Compiled and edited by Mark DeWolfe Howe
Cambridge: Harvard University Press, 1949. Pp. 529.$7.50
reviewer: STANLEY D. ROSE
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THE GROWTH OF AMERICAN LAW: THE LAW MAKERS
By James Willard Hurst
Boston: Little, Brown and Co., 1950. Pp. xiii, 502. $5.50
reviewer: STANLEY D. ROSE
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REASON AND LAW
By Morris R. Cohen
Illinois: The Free Press, 1950. Pp.211. $3.50
reviewer: STANLEY D. ROSE
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AN INTRODUCTION TO LEGAL REASONING
By Edward H. Levi
Chicago: The University of Chicago Press, 1949. Pp. 74. $2.00
reviewer: STANLEY D. ROSE
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LIVING LAW OF DEMOCRATIC SOCIETY
By …