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Full-Text Articles in Law
Plausible Answers And Affirmative Defenses, Eric S. Janus, Thomas Tinkham
Plausible Answers And Affirmative Defenses, Eric S. Janus, Thomas Tinkham
Faculty Scholarship
Our federal courts have introduced a degree of uncertainty in the law of pleading that ought to be resolved with a clear decision about the scope of Twombly and Iqbal. We write to set forth what we believe are the overwhelming arguments in support of the developing majority view: pleading standards should not distinguish between plaintiffs and defendants, or between pleadings asserting and pleadings defending against a claim. Proponents of the minority view make policy arguments grounded in the asserted realities of litigation, leveraging small textual differences between Federal Rule of Civil Procedure Rule 8(a) and 8(c). But the …
What Will We Lose If The Trial Vanishes?, Robert P. Burns
What Will We Lose If The Trial Vanishes?, Robert P. Burns
Faculty Working Papers
The number of trials continues to decline andfederal civil trials have almost completely disappeared. This essay attempts to address the significance of this loss, to answer the obvious question, "So what?" It argues against taking a resigned or complacent attitude toward an important problem for our public culture. It presents a short description of the trial's internal structure, recounts different sorts of explanations, and offers an inventory of the kinds of wounds this development would inflict.
How Goliath Won: The Future Implications Of Dukes V. Wal-Mart, Suzette M. Malveaux
How Goliath Won: The Future Implications Of Dukes V. Wal-Mart, Suzette M. Malveaux
Publications
No abstract provided.
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux
Publications
No abstract provided.