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Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Howard M Wasserman
Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, a …
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Structural Principles And Presidential Succession, Howard M. Wasserman
Structural Principles And Presidential Succession, Howard M. Wasserman
Howard M Wasserman
No abstract provided.