Issue 4 - May 2009 The Twombly Revolution?

The Twombly Revolution?

In Bell Atlantic Corp. v. Twombly, the Supreme Court issued a decision that has been described as nothing less than “startling”. In a 7-2 decision, the Court provided an interpretation of the Federal Rules of Civil Procedure that has significantly increased the level of scrutiny that federal courts must apply in determining the sufficiency of …

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Issue 4 - May 2009 Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under the Felony Impeachment Rule

Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should Be Treated Like Criminal Defendants Under the Felony Impeachment Rule

With one exception, every Federal Rule of Evidence dealing with propensity character evidence or evidence which can be misused as propensity character evidence makes it either: (a) as difficult to admit such evidence in civil trials as it is in criminal trials, or (b) more difficult to admit such evidence in civil trials than it …

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Issue 4 - May 2009 Happiness, Efficiency, and the Promise of Decisional Equity: From Outcome to Process

Happiness, Efficiency, and the Promise of Decisional Equity: From Outcome to Process

Those who resist the teachings of law and economics are rightfully concerned that economic efficiency is largely based on the predictions of relatively acquisitive people about what will make them feel or be better off. Due to a variety of factors, these predictions often turn out to be wrong. The explosion in happiness research would …

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Special Issue - April 2009 Higher Law and the Rule of Law: The Platonic Origin of an Ideal

Higher Law and the Rule of Law: The Platonic Origin of an Ideal

The rule of law is taken by almost every thoughtful student of politics and law as an important value, even as a defining mark of legitimate political order. The rule of law has often been defended as a way of safeguarding individual freedom by protecting rational expectations and maximizing efficiency. But the ideal of the …

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Special Issue - April 2009 Is There a “Higher Law”? Does It Matter?

Is There a “Higher Law”? Does It Matter?

In his Letter From a Birmingham Jail (Letter), Martin Luther King, Jr. undertook to respond to critics of his activities.’ As King explained, he (an “outsider,” in the view of his critics) was in Birmingham not solely because he had been invited by an affiliated organization of the Southern Christian Leadership Conference, of which he …

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