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Full-Text Articles in Law
Introduction To The Civil Procedure Puzzle, Robert Bloom
Introduction To The Civil Procedure Puzzle, Robert Bloom
Robert Bloom
No abstract provided.
Twombly Is The Logical Extension Of The Mathews V. Eldridge Test To Discovery, Andrew Blair-Stanek
Twombly Is The Logical Extension Of The Mathews V. Eldridge Test To Discovery, Andrew Blair-Stanek
Andrew Blair-Stanek
The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for evaluating motions to dismiss in favor of an amorphous “plausibility” standard. This Article argues that Twombly was not revolutionary but simply part of the Court’s ever-expanding application of the familiar three-factor Mathews v. Eldridge test. Misused discovery can deprive litigants of property and liberty interests, and in some cases Mathews requires the safeguard of dismissing the complaint. This Article’s insight explains Twombly’s origins and structure, while also suggesting a source for lower courts to draw …
Experiencing Civil Procedure, James Moliterno
Experiencing Civil Procedure, James Moliterno
James E. Moliterno
No abstract provided.
Introduction To The Civil Procedure Puzzle, Robert Bloom
Introduction To The Civil Procedure Puzzle, Robert Bloom
Robert M. Bloom
No abstract provided.