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09/09/2018

Samuel L. Bray: Equity and the Seventh Amendment
Michael Ramsey

Samuel L. Bray (Notre Dame Law School) has posted Equity and the Seventh Amendment on SSRN.  Here is the abstract:

This Article reconsiders the scope of the jury trial right under the Seventh Amendment. It argues that a more historically sound and judicially administrable test can be formulated. The jury trial right should be presumed, with three categorical equitable exceptions: suits in equity’s exclusive jurisdiction (e.g., fiduciary law), suits for equitable remedies (e.g., injunction), and suits that make use of equitable case-aggregating devices (e.g., class actions). This argument has implications for the scope of the jury trial right and for the scope of equity in American law.

Via Larry Solum at Legal Theory Blog, where it is "Download of the Week."