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University of Georgia School of Law

Law and Society

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Full-Text Articles in Law

Iqbal, Twombly, And The Lessons Of The Celotex Trilogy, Hillel Y. Levin Oct 2010

Iqbal, Twombly, And The Lessons Of The Celotex Trilogy, Hillel Y. Levin

Scholarly Works

This Essay compares the Twombly/Iqbal line of cases to the Celotex trilogy and suggests that developments since the latter offer lessons for the former. Some of the comparisons are obvious: decreased access and increased judicial discretion. However, one important similarity has not been well understood: that the driving force in both contexts has been the lower courts rather than the Supreme Court. Further, while we can expect additional access barriers to be erected in the future, our focus should be on lower courts, rather than other institutional players, as the likely source of those barriers.


"Sociological Legitimacy" In Supreme Court Opinions, Michael Wells Jul 2007

"Sociological Legitimacy" In Supreme Court Opinions, Michael Wells

Scholarly Works

Analysis of a Supreme Court opinion ordinarily begins from the premise that the opinion is a transparent window into the Court's thinking, such that the reasons offered by the Court are, or ought to be, the reasons that account for the holding. Scholars debate the strength of the Court's reasoning, question or defend the Court's candor, and propose alternative ways of justifying the ruling. This Article takes issue with the transparency premise, on both descriptive and normative grounds. Especially in controversial cases, the Court is at least as much concerned with presenting its holding in a way that will win …


Law In Books, Law In Action And Society, Alan Watson Apr 2006

Law In Books, Law In Action And Society, Alan Watson

Colloquia

I consider myself a comparative legal historian and range widely over time and space. My interest is in private law. My general conclusions, developed over years, on law in society are three and are interconnected and are as follows: 1) Governments are not much interested in developing law especially not private law. They generally leave this to subordinate law makers to whom, however, they do not grant power to make law; 2) Even when famous legislators emerge, they are seldom interested in inserting a particular social message or even certainty into their laws; 3) Borrowing is the name of the …