Texas Law Review Archives
 

Volume 53
1974-1975

Issue Number 3

Comment:
Stephen F. Lazor, Jury Trial in Employment Discrimination Cases—Constitutionally Mandated?, 53 TEXAS L. REV. 483 (1975).
 

Abstract:
Victims of racial discrimination may bring legal actions to vindicate their civil rights under several federal statutes. In deciding these cases, the federal courts have been virtually unanimous in holding that a jury trial is not mandated by the seventh amendment, despite the absence of a Supreme Court resolution of the issue. The rationales advanced for this position vary wildly, but most commonly involve policy and constitutional arguments. In this comment, Mr. Lazor argues that the reasoning of these cases has been quite deficient, and concludes that, despite possible Congressional intent to insulate civil rights plaintiffs from jury prejudices, the seventh amendment guarantee to trial by jury may be operative.



 




 



 


 

Back to Volume 53 Index