Summary Judgment Unconstitutional?
This issue may not interest anyone but those of us corrupted by a legal education, but Evan Schaeffer’s Illinois Trial Practice Weblog has a link to a delicious legal nugget: a scholarly article concluding that summary judgment procedure, in which a court effectively picks a winner of the court case based on the law and the undisputed facts, should be eliminated altogether because it is unconstitutional under the Seventh Amendment.
Article available in PDF here.
