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Full-Text Articles in Law
Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson
Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson
Scott Dodson
No abstract provided.
O'Connell V. Chapman Univ., No. 10-810, Scott Dodson
O'Connell V. Chapman Univ., No. 10-810, Scott Dodson
Scott Dodson
No abstract provided.
Justice Souter And The Civil Rules, Scott Dodson
Justice Souter And The Civil Rules, Scott Dodson
Scott Dodson
Justice Souter’s recent retirement from the Court after nearly twenty years presents a unique opportunity to comment on his legacy. No doubt others will eulogize or castigate him for his membership in the Planned Parenthood v. Casey troika, but there is much more to the man and his jurisprudence. Indeed, the danger is that Justice Souter will be pigeonholed into one opinion, an opinion that he wrote early in his Supreme Court career, to the detriment of understanding the complex justice that he was. This short essay therefore analyzes a unique set of opinions—those that he authored on the federal …
New Pleading, New Discovery, Scott Dodson
New Pleading, New Discovery, Scott Dodson
Scott Dodson
Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual sufficiency often is a poor proxy for meritlessness. Some plaintiffs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is …