The Volokh Conspiracy

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Volokh Conspiracy

Seventh Amendment (civil jury trial right) doesn't apply to state courts, or to Puerto Rico courts

|The Volokh Conspiracy |


FILE - In this Jan. 15, 2015 file photo, a view of a jury box. (AP Photo/Brennan Linsley, pool, file)
FILE—In this Jan. 15, 2015 file photo, a view of a jury box. (AP Photo/Brennan Linsley, pool, file)

So the First Circuit concluded yesterday in González-Oyarzun v. Caribbean City Builders, Inc., following Supreme Court precedent and reversing a contrary district court decision, which I blogged about a year ago.

The Seventh Amendment remains one of the few Bill of Rights provisions that hasn't been "incorporated" against the states via the Fourteenth Amendment. Non-trivia question: What are the others?

Thanks to How Appealing for the pointer.

Eugene Volokh is the Gary T. Schwartz Distinguished Professor of Law at UCLA and a Visiting Fellow (Senior Fellow starting May 2024) at the Hoover Institution (Stanford). Naturally, his posts here (like the opinions of the other bloggers) are his own, and not endorsed by any educational institution.