Related Citations
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Victor E. Schwartz & Christopher E. Appel, Rational Pleading in the Modern World of Civil Litigation: The Lessons and Public Policy Benefits of Twombly and Iqbal, 33 Harv. J.L. & Pub. Pol’y 1107, 1111 (2010).
Claiming that the common law pleading standards at the time of Founding were rigid and highly technical.
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Brian T. Fitzpatrick, Originalism and Summary Judgment, 71 Ohio St. L.J. 919 (2010).
Contending that an originalist interpretation does not require modern jury trials to precisely mimic trials at the Founding. Rather, the proper inquiry is whether the drafters would have found a particular practice constitutional if it had existed.
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Suja A. Thomas, Why Summary Judgment Is Unconstitutional, 93 Va. L. Rev. 139 (2007).
Arguing that summary judgment is unconstitutional because it permits a judge to consider facts that have not been examined by a jury, contrary to the rules at common law.
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Ellen E. Sward, Justification and Doctrinal Evolution, 37 Conn. L. Rev. 389 (2004).
Discussing the Jeffersonian motivations behind the right to civil jury trials at the Founding.