This Article will analyze the Third Circuit's decision and reasoning in Japanese Electronic, in light of the pervasiveness of the seventh amendment right to a jury trial, and argue that exceptions to the seventh amendment exist, not in spite of, but precisely due to the overriding need for procedural due process. The thesis of this Article is that exceptions to the jury trial right should be permitted, and such exceptions are consistent with this right. The Article will focus especially on the Third Circuit's construction of a three-part test, and will examine an alternative basis for finding an exception to the seventh amendment, as set forth in Morrissey v. Brewer and Feuntes v. Shevin.
Frank M. Loo,
A Rationale for an Exception to the Seventh Amendment Right to a Jury Trial: In re Japanese Electronic Products Antitrust Litigation,
30 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol30/iss4/6