Wednesday, May 7, 2014

"Summary Judgment and the Reasonable Jury Standard: A Proxy for a Judge's Own View of the Sufficiency of the Evidence?"

The title of this post comes from this intriguing new article by Professor Suja A. Thomas, the abstract of which states:

Under motions for summary judgment, directed verdict, and judgment as a matter of law, judges employ the reasonable jury standard, deciding whether a reasonable jury could find for the non-moving party. This article explores the propriety of the reasonable jury standard, argues the standard has become a proxy for a judge’s own view of the evidence, and proposes renewed study of the standard.

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