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The seventh amendment requires that in "Suits at common law... the right of trial by jury shall be preserved."' Beginning with Justice Story's 1812 opinion on circuit in United States v. Wonson,2 the accepted interpretation of the amendment has been that it guarantees the right to trial by jury in all civil proceedings that, had they been brought in England in 1791, would have been tried at common law.3 This "flexible" historical test lent itself to straightforward application when it was first articulated in the nineteenth century,4 because litigation of that period bore a close resemblance to that of the late eighteenth century.5 Application of the test in recent years, however, has not always been so easy.6 The last fifty years have seen a tremendous liberalization of civil procedure 7 and an unprecedented proliferation of new causes of action,8 which together make it possible for civil litigation to reach a level of complexity exceeding anything imaginable in the common law courts of 1791. Modern securities and antitrust cases, for example, can involve an enormous number of parties and claims, highly technical factual inquiries, tremen-

Complex Civil Litigation and the Seventh Amendment Right to a Jury Trial