Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 2020 election (1)
- Affirmative defenses (1)
- Conley (1)
- Constitution (1)
- Democracy reform legislation (1)
-
- Elections (1)
- Elections clause (1)
- Environment (1)
- Environmental affirmative defenses (1)
- Environmental litigation (1)
- Environmental plaintiffs (1)
- Federal election (1)
- Federal rules of civil procedure (1)
- Frcp (1)
- Gibson (1)
- Heightened pleading standard (1)
- Iqbal (1)
- Plausibility pleading standard (1)
- Pleading (1)
- Republican election (1)
- SCOTUS (1)
- Specificity requirements (1)
- Standards (1)
- Supreme court (1)
- Twombly (1)
- Us constitution (1)
- Us federal election (1)
- Voting reform (1)
- Voting rights (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman
Washington Law Review
Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on the Clause’s original meaning and public understanding over time. The Clause directs states to make regulations for the time, place, and manner of congressional elections, and grants Congress superseding authority to make or alter those rules.
But the 2020 elections forced the Elections Clause into the spotlight, with Republican litigants relying on the Clause to ask the Supreme Court to limit which state actors can regulate federal elections. This new focus comes on the heels of the Clause serving …
The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, Celeste Anquonette Ajayi
The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, Celeste Anquonette Ajayi
Washington Law Review
Environmental plaintiffs often face challenges when pleading their claims. This is due to difficulty in obtaining the particular facts needed to establish causation, and thus liability. In turn, this difficulty inhibits their ability to vindicate their rights. Prior to the shift in pleading standards created by Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, often informally referred to as “Twiqbal,” plaintiffs could assert their claims through the simplified notice pleading standard articulated in Conley v. Gibson. This allowed plaintiffs to gain access to discovery, which aided in proving their claims.
The current heightened pleading standard …