This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal reforms that would achieve many of the same goals of Daubert without infringing on the jury's constitutionally protected fact-finding power.
Brandon L. Boxler,
Judicial Gatekeeping and the Seventh Amendment: How Daubert Infringes on the Constitutional Right to a Civil Jury Trial,
Rich. J. L. & Pub. Int.
Available at: http://scholarship.richmond.edu/pilr/vol14/iss3/6