Daniel R. Coquillette

Moore's Federal practice

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The Fetish of Jury Trial in Civil Cases: A Comment on Rachal v. Hill

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Mosses from an Old Manse: Another Look at Some Historic Property Cases About the Environment

U tNDER the influence of Supreme Court decisions on the right to jury trial in civil cases in the federal courts,1 most observers seem to develop a Pavlovian reaction to a seventh amendment, jury trial issue whenever it arises. Any close question and sometimes one that is not so close -is resolved in favor of the jury trial right without serious analysis of history, precedent, or policy. What may be of only passing interest in the classroom or in legal commentary becomes a cause for concern when it spreads to the lower federal courts. Yet the signs of contagion are appearing 2 -perhaps the most conspicuous recent example being the decision of the Fifth Circuit in Rachal v. Hill.3 At a time of growing concern over crowded dockets, the size of judgments, and the costs of litigation, the question whether we have more trial by jury than we want or need is well worth asking -and