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- Bell Atlantic Corp. v. Twombly 550 U.S. 544 (2007) (2)
- Conley v. Gibson 355 U.S. 41 (1957) (2)
- Federal Rules of Civil Procedure (2)
- Pleadings (2)
- Actions and Defenses (1)
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- Adrian Zuckerman (1)
- Civil Procedure (1)
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- Generalized grievances (1)
- Hein v. Freedom from Religion Foundation (1)
- Helen Hershkoff (1)
- Justiciability (1)
- Linda J. Silberman (1)
- Litigants (1)
- Massachusetts v. EPA (1)
- No Child Left Behind (1)
- Oscar G. Chase (1)
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- Removal of Causes (1)
- Rules Enabling Act of 1934 (1)
- Sovereign Immunity (1)
- Standing (1)
- Taxpayer standing (1)
- Vincenzo Varano (1)
- Yasuhei Taniguchi (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Mandatory Rules, Scott Dodson
Mandatory Rules, Scott Dodson
Faculty Publications
Whether a limitation is jurisdictional or not is an important but often obscure question. In an article published in Northwestern University Law Review, I proposed a framework for courts to resolve the issue in a principled way, but I left open the next logical question: what does it mean if a rule is characterized as nonjurisdictional? Jurisdictional rules generally have a clearly defined set of traits: they are not subject to equitable exceptions, consent, waiver, or forfeiture; they can be raised at any time; and they can be raised by any party or the court sua sponte. This jurisdictional rigidity …
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Faculty Publications
Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous "no set of facts" formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts choosing to continue to apply a …
The Importance Of E-Discovery, Scott Dodson
The Importance Of E-Discovery, Scott Dodson
Faculty Publications
This short essay explores the increasing importance of e-discovery to litigants in both federal and state courts in Arkansas.
Plausibility Pleading, A. Benjamin Spencer
Plausibility Pleading, A. Benjamin Spencer
Faculty Publications
Last Term, in Bell Atlantic Corp. v. Twombly, the U.S. Supreme Court dramatically reinterpreted Federal Rule of Civil Procedure 8(a) (2), which requires a "short and plain" statement of a plaintiffs claim. The Court was unabashed about this change of course: it explicitly abrogated a core element of its 1957 decision in Conley v. Gibson, which until recently was the bedrock case undergirding the idea that ours is a system of notice pleading in which detailed facts need not be pleaded. Departing from this principle, the Court in Twombly required the pleading of facts that demonstrate the plausibility of the …
Jurisdiction, Merits, And Procedure: Thoughts On A Trichotomy, Howard M. Wasserman
Jurisdiction, Merits, And Procedure: Thoughts On A Trichotomy, Howard M. Wasserman
Faculty Publications
No abstract provided.
The Challenge Of Comparative Civil Procedure, Scott Dodson
The Challenge Of Comparative Civil Procedure, Scott Dodson
Faculty Publications
This Essay reviews Civil Litigation in Comparative Context (West 2007), by Oscar G. Chase, Helen Hershkoff, Linda Silberman, Yasuhei Taniguchi, Vincenzo Varano, and Adrian Zuckerman. It also identifies some areas of exceptionalist American civil procedure that recently have been converging towards global norms and argues that those convergences, if they continue, could render comparative studies particularly meaningful.
God, Gaia, The Taxpayer And The Lorax: Standing, Justiciability, And Separation Of Powers After Massachusetts And Hein, Jonathan H. Adler
God, Gaia, The Taxpayer And The Lorax: Standing, Justiciability, And Separation Of Powers After Massachusetts And Hein, Jonathan H. Adler
Faculty Publications
The Supreme Court decided two important standing cases during the October 2006 term: Hein v. Freedom from Religion Foundation and Massachusetts v. EPA. The latter is important for what it did, the former for what it did not do. Whereas Hein hewed closely - perhaps too closely - to prior standing precendents, the Massachusetts decision substantially departed from existing precedent and established a new doctrine of special solicitude to state standing. Both decisions involved generalized grievances about federal government policies that affect citizens as a whole, but point in opposite directions. In many respects the opinions are in significant tension …
In Search Of Removal Jurisdiction, Scott Dodson
In Search Of Removal Jurisdiction, Scott Dodson
Faculty Publications
The ubiquitous and somewhat careless use of the term “jurisdictional” by courts has spawned confusion over what is and is not jurisdictional in a variety of contexts, including removal. The issue has critical implications for litigants. Yet it lacks scholarly coverage and is the subject of deep divisions in the lower courts. In this article, I develop an initial framework for tackling the jurisdictional/procedural characterization issues of the removal statute. I build upon the groundwork laid by prior precedent and modify it to account for the quasi-jurisdictional nature of removal and its impact on the federal-state balance of power. I …
Educating At The Crossroads: Parents Involved, No Child Left Behind And School Choice, Danielle R. Holley-Walker
Educating At The Crossroads: Parents Involved, No Child Left Behind And School Choice, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.