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- Title
The Seventh Amendment and the CISG: Functional Factors in the Search for a Jury Trial Right.
- Authors
Mintz, Mark A.
- Abstract
This article discusses whether the U.S. Seventh Amendment right to a jury trial applies to actions that arise under the International Sale of Goods (CISG). It traces the background of the relationship between treaties and Constitutional provisions. Next, it discusses the history and development of Seventh Amendment jurisprudence, focusing on the Supreme Court's decisions two cases including Markman v. Westview Instruments Inc. The article also examines the applicability of the court's analysis in the cases to actions that arise under the CISG. It concludes that regardless of the determination of any historical tests, there are strong legal and policy reasons to attach the Seventh Amendment right to a jury trial.
- Subjects
UNITED States; JURY trials; UNITED Nations Convention on Contracts for the International Sale of Goods (1980); UNITED States. Constitution. 7th Amendment; TREATIES; ACTIONS &; defenses (Law); MARKMAN v. Westview Instruments Inc. (Supreme Court case); UNITED States. Supreme Court
- Publication
DePaul Business & Commercial Law Journal, 2007, Vol 6, Issue 1, p143
- ISSN
1542-2763
- Publication type
Article