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Full-Text Articles in Law
The Jurisdiction Of The D.C. Circuit, Eric M. Fraser, David K. Kessler, Matthew Lawrence, Stephen A. Calhoun
The Jurisdiction Of The D.C. Circuit, Eric M. Fraser, David K. Kessler, Matthew Lawrence, Stephen A. Calhoun
Matthew B. Lawrence
The U.S. Court of Appeals for the D.C. Circuit is unique among federal courts. It is well known for its unusual caseload, which is disproportionally weighted toward administrative law. What explains the unusual caseload? This Article explores the inputs into the D.C. Circuit’s caseload. We identify several “push” factors that push some types of cases away from the Circuit, and several “pull” factors that pull certain cases in. We give particular focus to the jurisdictional provisions of federal statutes, which reveal Congressional intent about the sorts of actions over which the D.C. Circuit should have special jurisdiction. Through a comprehensive …
Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence
Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence
Matthew B. Lawrence
Policymakers from Senator Edward Kennedy to Civil Rules Advisory Committee Reporter Edward Cooper have proposed that class actions be subject to a more stringent pleading threshold than individually-filed suits, yet the question has not been fully explored in legal scholarship. This Article addresses that gap. It shows that courts following the guidance of Bell Atlantic v. Twombly should apply a relatively more stringent pleading threshold to class actions, and a relatively less stringent threshold to individually-filed suits.
This contribution is set forth in two steps. First, this Article explains that, all else being equal, the anticipated systems’ costs and benefits …