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Full-Text Articles in Law
The Empty Chair: Reflections On An Absent Justice, Jennifer L. Behrens
The Empty Chair: Reflections On An Absent Justice, Jennifer L. Behrens
Faculty Scholarship
This article examines a January 1888 letter to U.S. Supreme Court Chief Justice Morrison Waite from Associate Justice Stanley Matthews. Justice Matthews requested time away from the notoriously overworked Court’s session in order to attend the funeral of Dr. Peter Parker, renowned medical missionary and diplomat. The piece presents biographical sketches of Justice Matthews and Dr. Parker, and considers the historical context of the potential absence on the late nineteenth-century Court’s operations.
From Judge To Dean And Back Again: Reflections On Transitions, David F. Levi
From Judge To Dean And Back Again: Reflections On Transitions, David F. Levi
Faculty Scholarship
No abstract provided.
The Fact-Law Distinction: Strategic Factfinding And Lawmaking In A Judicial Hierarchy, Sepehr Shahshahani
The Fact-Law Distinction: Strategic Factfinding And Lawmaking In A Judicial Hierarchy, Sepehr Shahshahani
Faculty Scholarship
No abstract provided.
What's The Difference Between A Conclusion And A Fact?, Howard M. Erichson
What's The Difference Between A Conclusion And A Fact?, Howard M. Erichson
Faculty Scholarship
In Ashcroft v. Iqbal, building on Bell Atlantic Corp. v. Twombly, the Supreme Court instructed district courts to treat a complaint’s conclusions differently from allegations of fact. Facts, but not conclusions, are assumed true for purposes of a motion to dismiss. The Court did little to help judges or lawyers understand this elusive distinction, and, indeed, obscured the distinction with its language. The Court said it was distinguishing “legal conclusions” from factual allegations. The application in Twombly and Iqbal, however, shows that the relevant distinction is not between law and fact, but rather between different types of factual assertions. This …