Thursday, February 08, 2007

Why Summary Judgment Is Unconstitutional: A Link

Here is a link to the article by Suja A. Thomas that I mentioned yesterday.

Over at Prawsblawg, a commenter complains that the article represents everything that's wrong with contemporary legal scholarship, particularly as practiced in law journals. It's ridiculously abstract, impractical, etc.

I'd have to disagree. It certainly sounds like the article is all of those things, but who cares? It just sounds interesting. I suppose I'm looking at the article not as a piece of advocacy but as a historical enquiry into the relationship between judges and juries in the late Eighteenth Century, much as Professor Nelson's book is (in part). Even if it is written as an advocacy piece, the advocacy is presumably based upon a foundation of analysis of the historical roles of judges, juries and possibly appellate courts in the Colonies.

I probably won't get around to reading the article until the weekend -- I'll let you know what I think.

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