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The Community Reinvestment Act: Guilty, But Not As Charged, Raymond H. Brescia
The Community Reinvestment Act: Guilty, But Not As Charged, Raymond H. Brescia
Raymond H Brescia
Since its passage in 1977, the Community Reinvestment Act (CRA) has charged federal bank regulators with "encourag[ing]" certain financial institutions "to help meet the credit needs of the local communities in which they are chartered consistent with [] safe and sound” banking practices. Even before the CRA became law—and ever since—it has become a flashpoint. Depending on your perspective, this simple and somewhat soft directive has led some to charge that it imposes unfair burdens on financial institutions and helped to fuel the subprime mortgage crisis of 2007 and the financial crisis that followed. According to this argument, the CRA …
The Politics Of Procedure: An Empirical Analysis Of Motion Practice In Civil Rights Litigation Under The New Plausibility Standard, Raymond H. Brescia, Edward J. Ohanian
The Politics Of Procedure: An Empirical Analysis Of Motion Practice In Civil Rights Litigation Under The New Plausibility Standard, Raymond H. Brescia, Edward J. Ohanian
Raymond H Brescia
Is civil procedure political? In May of 2009, the Supreme Court issued its decision in Ashcroft v. Iqbal, which explicitly extended the “plausibility standard,” first articulated in Bell Atlantic v. Twombly two years earlier, to all civil pleadings. That standard requires that pleadings, in order to satisfy Rule 8(a) of the Federal Rules of Civil Procedure, must state a plausible claim for relief. For many, these rulings represented a sea change in civil pleading standards. Where prior Supreme Court precedent had provided that a pleading should not be dismissed “unless it appears beyond doubt that the plaintiff can prove no …