No.18 - March 2011,
2011
Louisiana State University Law Center
No.18 - March 2011, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Iqbal, Al-Kidd And Pleading Past Qualified Immunity: What The Cases Mean And How They Demonstrate A Need To Eliminate The Immunity Doctrines From Constitutional Tort Law,
2011
University of New Hampshire School of Law
Iqbal, Al-Kidd And Pleading Past Qualified Immunity: What The Cases Mean And How They Demonstrate A Need To Eliminate The Immunity Doctrines From Constitutional Tort Law, John M. Greabe
Law Faculty Scholarship
The Supreme Court’s decisions in Ashcroft v. Iqbal and Ashcroft v. al-Kidd contain issue-framing statements indicating that a constitutional tort plaintiff is required to plead facts sufficient to establish the inapplicability of the qualified immunity defense. Yet, framing the issue in this way ignores the Court’s earlier decisions in Gomez v. Toledo and Crawford-El v. Britton and is at odds with the established law of pleading; a plaintiff is not required to anticipate an affirmative defense and negate its applicability in the complaint. These cases thus raise a number of questions—Does the Court really mean what its issue-framing statements suggest? …
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial,
2011
University of Richmond
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler
Richmond Journal of Law and the Public Interest
This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …
Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011),
2011
John Marshall Law School
Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy
UIC Law Open Access Faculty Scholarship
No abstract provided.
We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011),
2011
John Marshall Law School
We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
In 2007, Professor Eric K Yamamoto acknowledged that reparations theory and practice had reached a crossroads and called for a new strategic framework that reparations advocates could utilize in working to achieve redress for social and historical wrongs. This Article attempts to answer Yamamoto's call. In it, I situate my proposal for a truth commission to redress the post-9/11 torture program in a new Inclusive Model for Social Healing. In the past, reparations advocates have relied on litigation-a strategic model that excludes participants other than the named parties-to
obtain redress. By increasing the number of stakeholders in a reparations scheme, …
Survey Of Illinois Law: At Long Last, A Long Look At Respondents In Discovery, 35 S. Ill. U. L.J. 703 (2011),
2011
The John Marshall Law School
Survey Of Illinois Law: At Long Last, A Long Look At Respondents In Discovery, 35 S. Ill. U. L.J. 703 (2011), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011),
2011
UIC School of Law
The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka
UIC Law Open Access Faculty Scholarship
This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts' preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1 % of FOIA cases. It further examines how conducting FOIA trials …
The Costs Of Heightened Pleading,
2011
Benjamin N. Cardozo School of Law
The Costs Of Heightened Pleading, Alexander A. Reinert
Indiana Law Journal
In Conley v. Gibson, the Supreme Court announced its commitment to a liberal pleading regime in federal civil cases, and for decades thereafter was steadfast in resisting ad hoc heightened pleading rules adopted by lower courts. Thus, from 1957 until a few years ago, most litigants could count on surviving a motion to dismiss a complaint for failure to state a claim so long as their pleading provided some minimal notice to the defendant of the nature of their claim. Enter Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly. Iqbal and Twombly, by many accounts, two-stepped the Court from …
A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line,
2011
The Catholic University of America, Columbus School of Law
A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line, David Baker
Catholic University Law Review
No abstract provided.
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial,
2011
University of Richmond
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler
Richmond Public Interest Law Review
This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …
Introduction: Governing Civil Society,
2011
Brooklyn Law School
Introduction: Governing Civil Society, Dana Brakman Reiser, Claire R. Kelly
Faculty Scholarship
No abstract provided.
Toward More Parsimony And Transparency In "The Essentials Of Marriage",
2011
Brooklyn Law School
Toward More Parsimony And Transparency In "The Essentials Of Marriage", Anita Bernstein
Faculty Scholarship
No abstract provided.
An Expectation Of Empathy,
2011
University of Missouri - Kansas City, School of Law
Director Liability For Corporate Crimes: Lawyers As Safe Haven?,
2011
Pace University School of Law
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
NYLS Law Review
No abstract provided.
Duty Of Obedience: The Forgotten Duty,
2011
Wake Forest University School of Law
Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter
NYLS Law Review
No abstract provided.
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule,
2011
Georgetown University Law Center
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
NYLS Law Review
No abstract provided.
Anand V. Kapoor,
2011
New York Law School Class of 2011
Attorney’S Fees In Civil Rights Cases—October 2009 Term,
2011
Touro Law Center
Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz
Scholarly Works
No abstract provided.
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States,
2011
Boston University School of Law
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States, Linda C. Mcclain
Faculty Scholarship
In Heart of Atlanta Motel v. United States (1964), the U.S. Supreme Court unanimously affirmed Congress’s power under the Commerce Clause to pass Title II, the public accommodations component of the Civil Rights Act of 1964 (CRA). The Johnson Administration expressed hope that this unanimous decision would aid the “reasonable and responsible acceptance” of the CRA. A less familiar legacy of this case is the role played by the Thirteenth Amendment and its declaration that “neither slavery and involuntary servitude . . . shall exist within the United States.” The owner of the Heart of Atlanta Motel unsuccessfully invoked this …
The Alien Tort Statute And The Law Of Nations,
2011
Notre Dame Law School
The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Jr.
Journal Articles
Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004, the Supreme Court took …
