Courts, scholars, and advocacy organizations across the political spectrum are calling on the Supreme Court to limit qualified immunity or do away with the defense altogether. They …
D Horton, AC Chandrasekher - Geo. LJ, 2015 - HeinOnline
Consider three recent cases filed by consumers against large companies. John Feeney accused a computer manufacturer of charging tens of thousands of its customers an illegal …
Seeking to fend off competitive upstarts, Facebook blocked fast-growing apps' access to user data while publicly explaining the move as necessary to safeguard users' privacy.'After …
JE Krier, SE Sterk - Wm. & Mary L. Rev., 2016 - HeinOnline
Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law" on the ground" in the state and lower federal courts …
Every legal dispute is unique. At a sufficiently fine-grained level, of course, the underlying facts of every case make it one-of-a-kind, but disputes also differ from each other along other …
Ever since Twombly and Iqbal introduced the doctrine of plausibility pleading, a cottage industry of legal scholars (including myself) has undertaken to detect the effects of Twombly …
YHA Lee, D Klerman - International Review of Law and Economics, 2016 - Elsevier
Priest and Klein's 1984 article,“The Selection of Disputes for Litigation,” famously hypothesized a “tendency toward 50 percent plaintiff victories” among litigated cases …
JR Allison, LL Ouellette - Duke LJ, 2015 - HeinOnline
ABSTRACT Section 112 of the Patent Act requires patentees to clearly explain what their invention is (a requirement known as claim definiteness), as well as how to make and use it …
When Bell Atlantic Corp v Twombly'and Ashcroft v Igbal2 put to pasture the venerable regime of" notice pleading" in federal civil procedure and introduced the concept of" …