About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 Hastings Const. L.Q. 1013 (1993-1994)
The Validity of the Public Rights Doctrine in Light of the Historical Rationale of the Seventh Amendment

handle is hein.journals/hascq21 and id is 1033 raw text is: The Validity of the Public Rights Doctrine in Light of the Historical Rationale of the Seventh Amendment By KENNETH S. KLEIN* Table of Contents I. A Concise History of the Drafting and Adoption of the Seventh Amendment ................................... 1017 II. The Evolution of the Traditional Doctrine of Public R ights ................................................... 1023 A. Creation of the Public Rights Doctrine ............. 1023 B. The Sovereign Immunity Rationale................. 1024 C. The Emergence of the Separation of Powers Rationale ........................................... 1026 D. The Two Rationales: Conjunctive or Disjunctive? .. 1026 III. The Public Rights Doctrine Emerges as a Restriction to the Scope of the Seventh Amendment .................. 1028 IV. The Public Rights Doctrine Expands ................... 1033 V. The Expansion of Public Rights Eviscerates the Historical Intent of the Seventh Amendment ........... 1034 VI. The Illogic of a Seventh Amendment Exception for Traditional Public Rights ................................ 1038 A. The Public Rights Exception to the Seventh Amendment Conflicts with the Wonson Historical Test for Interpreting the Amendment ............... 1039 B. When Resolving the Conflict, the Public Rights Exception is Outweighed by the Principles Underlying the Seventh Amendment ............... 1040 I. Rationale Redux: A More Detailed Analysis of Sovereign Immunity as a Justification for the Public Rights Exception ........................ 1040 * Assistant Professor, New England School of Law. B.A. Rice University, J.D. Uni- versity of Texas School of Law. There are a handful of people who provided invaluable help to the author. They are Lisa Black, Daniel Eaton, Gretchen Esguerra, Brian Foster, and June MacLeod. [1013]

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most