The Essay concludes that, despite the uniform acceptance of the device, summary judgment is unconstitutional. The Essay then responds to likely objections, including that the federal courts cannot function properly without summary judgment. By describing the burden that the procedure of summary judgment imposes upon litigants and the courts, the Essay argues that summary judgment is not necessary to the judicial system but rather, by contrast, imposes significant costs upon the system.
From 2005 to 2015 this blog presented news items and resources relating to trial advocacy and the legal system, with a focus on Washington State. It was developed to support the Trial Advocacy Program at the University of Washington School of Law, but broadened to include appellate practice, the courts, access to justice, and related topics. It is no longer active.
Sunday, August 5, 2007
Summary Judgment Unconstitutional?
Suja A. Thomas, Why Summary Judgment is Unconstitutional, 93 Va. L. Rev. 139 (2007):
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