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Material Facts In The Debate Over Twombly And Iqbal, Jonah B. Gelbach Jan 2016

Material Facts In The Debate Over Twombly And Iqbal, Jonah B. Gelbach

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This paper presents empirical evidence concerning the adjudication of defendant-filed summary judgment motions from nearly 2,000 randomly selected employment discrimination and contracts cases to try to assess Twombly and Iqbal’s performance in filtering cases according to merit. I first explain how such data might be helpful in such an assessment, taking into account the possibility that parties’ behavior might have changed following Twombly and Iqbal.

I then report results indicating that even using this large collection of data -- the most comprehensive data assembled to date to address this question -- we cannot tell whether “TwIqbal” …


Docketology, District Courts And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey Lidicker Jan 2007

Docketology, District Courts And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey Lidicker

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Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. Support for this hypothesis has reviewed published trial court opinions, finding that civil rights and other "hot" topics are more likely to be explained than purportedly ordinary legal problems involved in resolving social security and commercial law cases. This orthodoxy comforts consumers of legal opinions, because it suggests that they are largely representative of judicial work. To test such views, we collected data from a thousand cases in four different jurisdictions. …