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- Ashcroft v. Iqbal 556 U.S. 662 (2009) (1)
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Articles 1 - 7 of 7
Full-Text Articles in Law
Justice Souter And The Civil Rules, Scott Dodson
Justice Souter And The Civil Rules, Scott Dodson
Faculty Publications
Justice Souter’s recent retirement from the Court after nearly twenty years presents a unique opportunity to comment on his legacy. No doubt others will eulogize or castigate him for his membership in the Planned Parenthood v. Casey troika, but there is much more to the man and his jurisprudence. Indeed, the danger is that Justice Souter will be pigeonholed into one opinion, an opinion that he wrote early in his Supreme Court career, to the detriment of understanding the complex justice that he was. And what it finds is a justice deeply committed to the fair treatment of the litigants …
Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins
Why The Supreme Court Cares About Elites, Not The American People, Lawrence Baum, Neal Devins
Faculty Publications
Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true of swing Justices, who often cast the critical votes in the Court’s most visible decisions. In this Article, we will explain why we think this is so and, in so doing, challenge both the dominant political science models of judicial behavior and the significant work of Barry Friedman, Jeffrey Rosen, and others who link Supreme Court decision making to public opinion.
Iqbal And The Slide Toward Restrictive Procedure, A. Benjamin Spencer
Iqbal And The Slide Toward Restrictive Procedure, A. Benjamin Spencer
Faculty Publications
Last term, in Ashcroft v. Iqbal, the Supreme Court affirmed its commitment to more stringent pleading standards in the ordinary federal civil case. Although the decision is not a watershed, since it merely underscores the substantial changes to pleading doctrine wrought in Bell Atlantic Corp. v. Twombly, Iqbal is disconcerting for at least two reasons. First, the Court treated Iqbal 's factual allegations in a manner that further erodes the assumption-of-truth rule that has been the cornerstone of modern federal civil pleading practice. The result is an approach to pleading that is governed by a subjective, malleable standard that permits …
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Faculty Publications
No abstract provided.
Prosecutorial Discretion In The Shadow Of Advisory Guidelines And Mandatory Minimums, Michael A. Simons
Prosecutorial Discretion In The Shadow Of Advisory Guidelines And Mandatory Minimums, Michael A. Simons
Faculty Publications
(Excerpt)
Imagine the following rather run-of-the-mill crime spree:
Three young men, ranging in age from eighteen to twenty and without significant criminal histories, get together to rob a convenience store in New York City. They take an unloaded an inoperable gun, go into the store, point the gun at the clerk behind the counter, and take a few hundred dollars from the cash register. Flush with success, they decide to do it again, this time at a jewelry store down the block. One of the young men points the unloaded gun at the store employees, another stands guard by the …
Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne
Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel
The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel
Faculty Publications
No abstract provided.