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Full-Text Articles in Jurisprudence
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Angela P Harris
No abstract provided.
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
Victor D. Quintanilla
This article examines the U.S. Supreme Court’s decision Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) from a social psychological perspective, and empirically studies Iqbal’s effect on claims of race discrimination.
In Twombly and then Iqbal, the Court recast Rule 8 from a notice-based rule into a plausibility standard. Under Iqbal, federal judges must evaluate whether each complaint contains sufficient factual matter “to state a claim to relief that is plausible on its face.” When doing so, Iqbal requires judges to draw on their “judicial experience and common sense.” Courts apply Iqbal at the pleading stage, before evidence has been …
Compassion And Critique, Angela Harris
Compassion And Critique, Angela Harris
Angela P Harris
This piece will appear in a symposium organized by Anthony Paul Farley on Marxism and race, in the Columbia Journal of Race and Law.