Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Appellate courts (1)
- Certification (1)
- Circuit courts (1)
- Civil rights (1)
- Class actions (1)
-
- Comcast v. Behrend (1)
- Discrimination (1)
- Empirical legal studies (1)
- Empirical studies (1)
- FRCP (1)
- Federal judges (1)
- Gender & race (1)
- Ideology (1)
- Interlocutory & final-judgment appeals (1)
- Iqbal (1)
- Judges (1)
- Judicial diversity & behavior (1)
- Motions to dismiss (1)
- Panel effects (1)
- Political affiliation (1)
- Political polarization (1)
- Rule 12(b)(6) (1)
- Rule 23(f) (1)
- Twombly (1)
- Wal-Mart Stores v. Dukes (1)
Articles 1 - 2 of 2
Full-Text Articles in Courts
Politics, Identity, And Pleading Decisions On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Pleading Decisions On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
We report the results of an empirical study of appeals from rulings on motions to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) after the Supreme Court’s decisions in Twombly and Iqbal. We first describe the role that pleading was intended to play in the original (1938) Federal Rules of Civil Procedure, review the Court’s decisions in Twombly and Iqbal, and offer a brief discussion of common themes in normative scholarship that is critical of Twombly and Iqbal, including the claim that they threaten to amplify ideological and subjective decision-making, particularly …
Class Certification In The U.S. Courts Of Appeals: A Longitudinal Study, Stephen B. Burbank, Sean Farhang
Class Certification In The U.S. Courts Of Appeals: A Longitudinal Study, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
There is a vast literature on the modern class action, but little of it is informed by systematic empirical data. Mindful both that there have been few Supreme Court class certification decisions and that they may not provide an accurate picture of class action jurisprudence, let alone class action activity, over time, we created a comprehensive data set of class certification decisions in the United States Courts of Appeals consisting of all precedential panel decisions addressing whether a class should be certified from 1966 through 2017, and of nonprecedential panel decisions from 2002 through 2017.
In Section I, through a …