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Full-Text Articles in Law
Are Interlocutory Qualified Immunity Appeals Lawful?, Michael E. Solimine
Are Interlocutory Qualified Immunity Appeals Lawful?, Michael E. Solimine
Notre Dame Law Review Reflection
For half a century the Supreme Court has held that defendants in civil rights actions can avoid monetary liability if they demonstrate a qualified immunity for their actions. And for thirty years, the Court has held that district court denials of the qualified immunity defense are immediately appealable under the collateral order exception to the final order requirement. Controversial from the start, the qualified immunity defense has recently come under renewed stress, with calls from individual Justices and by leading voices in academia to either significantly modify or even abolish the defense. While primarily dealing with substantive aspects of the …
The Discrimination Presumption, Joseph A. Seiner
The Discrimination Presumption, Joseph A. Seiner
Notre Dame Law Review
Employment discrimination is a fact in our society. Scientific studies continue to show that employer misconduct in the workplace is pervasive. This social science research is further supported by governmental data and litigation statistics. Even in the face of this evidence, however, it has never been more difficult to successfully bring a claim of employment discrimination. After the Supreme Court’s controversial decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, all civil litigants must sufficiently plead enough facts to give rise to a plausible claim. Empirical studies show that this plausibility test has been rigidly applied in …
The Parable Of The Forms, Samuel L. Bray
The Parable Of The Forms, Samuel L. Bray
Journal Articles
This is a parable about the forms of action, code pleading, and the "civil action" of the Federal Rules.