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Full-Text Articles in Jurisprudence

Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano Jul 2021

Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano

Indiana Law Journal

Countless scholars have debated—and lower courts have attempted to apply—the plausibility pleading regime that the Supreme Court introduced in Twombly and Iqbal. Iqbal took Twombly’s requirement that a complaint plead plausibly and turned it into a two-step test. Under that test, the life or death of a lawsuit rests on the distinction between “well-pleaded” and “conclusory” allegations. Only the former are assumed true on a motion to dismiss. Seven decades of pleading precedent had taken a sensible, if unstable, approach to the truth assumption, making a single cut between factual contentions (assumed true) and legal conclusions (ignored). But Iqbal redrew …


Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef Oct 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.


Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef Jul 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.