Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Practice and Procedure (2)
- Cognitive bias (1)
- Complaint (1)
- Courts (1)
- Critical thinking (1)
-
- Customary (1)
- Customary marriage (1)
- Dewey (1)
- Dialogue (1)
- Heuristics (1)
- Inquiry (1)
- Iqbal (1)
- Islamic marriage (1)
- Judges (1)
- Judicial experience (1)
- Jurisprudence (1)
- Jurisprudence, Government, Courts, and Constitutional Law (1)
- Law and Technology (1)
- Law students (1)
- Lawyering (1)
- Legal Education, Legal Analysis, and Legal Writing (1)
- Legal education (1)
- Logic (1)
- Marriage (1)
- Marriage in nigeria (1)
- Pleading (1)
- Suspended Conclusion (1)
- Thinking like a lawyer (1)
- Twombly (1)
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Donald J. Kochan
In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Olanike Sekinat Adelakun
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes
Henry S. Noyes
With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard, one must understand …