Seventh Amendment Research Articles

Gasperini v. Center for Humanities, Inc.: State Jury Award Controls Supplant Seventh Amendment Protections

Gasperini v. Center for Humanities, Inc.: State Jury Award Controls Supplant Seventh Amendment Protections

The European Community Directive on the classification and labeling of chemicals for reproductive toxicity.

The classification and labeling of dangerous substances was first introduced in 1967 in the European Community with Council Directive 67/548/EEC, known as the Dangerous Substances Directive. The Sixth Amendment to this directive in 1979 introduced a notification procedure for new chemicals and a requirement for labeling chemicals for toxicity. Three special categories for labeling were for carcinogenicity, mutagenicity, and teratogenicity. The teratogenicity classification was restricted to chemicals inducing teratogenic effects in the classical sense of the word, ie, producing only gross structural malformations. Discussions by expert advisors to the European Commission over several years led to a widening of concern in this area of toxicology and, under the recent Seventh Amendment, the classification of "teratology" has been changed to "toxic to reproduction." This includes adverse effects on fertility, pre- and postnatal development, and lactation, and encompasses not only structural but also functional deficits. This will bring about a major change in the testing requirements to allow adequate classification of chemicals for these other aspects of reproductive toxicity.

Adversarial Medical and Scientific Testimony and Lay Jurors: A Proposal for Medical Malpractice Reform

Pleas for reform of the legal system are common. One area of the legal system which has drawn considerable scholarly attention is the jury system. Courts often employ juries as fact-finders in civil cases according to the Seventh Amendment of the Constitution: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved … .” The general theory behind the use of juries is that they are the most capable fact-finders and the bestsuited tribunal for arriving at the most accurate and just outcomes. This idea, however, has been under attack, particularly by those who claim that cases involving certain difficult issues or types of evidence are an inappropriate province for lay jurors who typically have no special background or experience from which to make informed, fair decisions.The legal system uses expert witnesses to assist triers of fact in understanding issues which are beyond their common knowledge or difficult to comprehend.

Are Forensic Experts an Endangered Species?

Abstract There are those in the legal profession, including some judges, who believe that the only good expert is a dead one. Such people believe that only established truth through science should be permitted into the courtroom; anything less is rank speculation and should be excluded on summary judgment. In such a world, there would be scant need for causation experts or juries, despite the guarantee of the Seventh Amendment.

Judicial Assessment of Punitive Damages, the Seventh Amendment, and the Politics of Jury Power

Judicial Assessment of Punitive Damages, the Seventh Amendment, and the Politics of Jury Power

The Seventh Amendment and Jury Trials in Bankruptcy

The Seventh Amendment and Jury Trials in Bankruptcy

Bangladesh in 1986: Entering a New Phase

For Bangladesh, the year 1986 marked a unique departure from the past four years in politics, the economy, and foreign affairs.' In politics, the year began with the restoration of open political activities and a resolve from all concerned to make a transition from martial law to constitutional rule. Eventually, the country completed the transition process by means of two national elections-parliamentary and presidential-and also the passage of the seventh amendment bill to the constitution. In the economy, 1985-86 was the first fiscal year of Bangladesh's Third Five Year Plan (1985-90). Internationally, Bangladesh's prestige was enhanced in the comity of nations as President Hossain Muhammad Ershad and Foreign Minister Humayun Rasheed Chowdhury became, respectively, the first chairman of the South Asian Association for Regional Cooperation (SAARC) and president of the 41st session of the U.N. General Assembly.

REX v. Compania Pervana de Vapores, SA

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — State-owned corporations — Amenability to suit in United States courts — Whether jury trial available — Interpretation of Foreign Sovereign Immunities Act 1976 — Whether Act the sole basis for jurisdiction over such corporations — Whether denial of jury trial a contravention of Seventh Amendment to United States Constitution — Whether Act codified a pre-existing cause of action at common law — The law of the United States

Article III Implications for the Applicability of the Seventh Amendment to Federal Statutory Actions

Article III Implications for the Applicability of the Seventh Amendment to Federal Statutory Actions

Judicial Whipsaw: Interest Conflict, Corporate Business & the Seventh Amendment

In this article Professor Orren examines the Seventh Amendment right to civil jury trial as an example of the contemporary abridgement of economic civil liberties. She argues not only that recent interpretations have generally weakened the protection afforded by this Amendment, but that they have altered the civil jury's function in American government.

The Availability of Jury Trials in Copyright Infringement Cases: Limiting the Scope of the Seventh Amendment

The Availability of Jury Trials in Copyright Infringement Cases: Limiting the Scope of the Seventh Amendment

The Unconstitutionality of the Victim and Witness Protection Act under the Seventh Amendment

The Unconstitutionality of the Victim and Witness Protection Act under the Seventh Amendment

Complex Civil Litigation and the Seventh Amendment Right to a Jury Trial

Complex Civil Litigation and the Seventh Amendment Right to a Jury Trial

Equity, Due Process and the Seventh Amendment: A Commentary on the Zenith Case

Equity, Due Process and the Seventh Amendment: A Commentary on the Zenith Case

Trial by Jury in Complex Civil Cases: Voice of Liberty or Verdict by Confusion?

Although the Seventh Amendment preserves the right to civil trial in cases arising at common law, some federal courts have held that a case may be too complex for a lay jury to understand, and that submitting such a case to a jury is a denial of due process. Others have held that no litigant otherwise entitled to a jury trial should be denied it because of the difficulty of the case, that jurors are capable of understanding any case, and that trial by jury protects liberty and permits the decision to incorporate community values. The Supreme Court has not yet decided this issue. Its decisions might take into account whether jurors understand the issues in complex cases, whether jury trials cause delay and increased expense, whether the jurors who can serve and who are chosen in lengthy trials are representative, and whether the verdict in such cases is likely to be based on rules of law or inappropriate factors. The empirical research does not yield clear answers to these questions. However, laywers elect jury trials for tactical rather than doctrinal reasons, and jury cases are tried differently from others. All trials, jury or bench, suffer from poor management, and all can be improved by good administration.

Ruggiero v. Compania Pervana de Vapores Dodson v. Polski Linie Oceaniczne Gdynia Locascio v. P. M. Jakarta Lloyd

540Sovereign immunity — Foreign States and State-owned corporations — Personal injury actions against a foreign State-owned corporation — Whether plaintiffs entitled to jury trial — Foreign Sovereign Immunities Act 1976 — Whether denial of jury trial a contravention of the Seventh Amendment to the United States Constitution — History of sovereign immunity — Actions against foreign States originally unknown at common law — The law of the United States

Williams v. Shipping Corporation of India

639Sovereign immunity — Foreign States and State-owned corporations — Personal injury actions against a foreign State-owned corporation — Whether plaintiffs entitled to jury trial — Foreign Sovereign Immunities Act 1976 — Whether denial of jury trial a contravention of the Seventh Amendment to the United States Constitution — History of sovereign immunity — Actions against foreign States originally unknown at common law — The law of the United States

The Seventh Amendment Right to Jury Trial of Antitrust Issues

The Seventh Amendment Right to Jury Trial of Antitrust Issues

The Seventh Amendment Right to Jury Trial of Antitrust Issues

The Seventh Amendment Right to Jury Trial of Antitrust Issues

Jury Trial of Complex Cases: English Practice at the Time of the Seventh Amendment

Jury Trial of Complex Cases: English Practice at the Time of the Seventh Amendment