Legal tech, civil procedure, and the future of adversarialism

DF Engstrom, JB Gelbach - University of Pennsylvania Law Review, 2021 - JSTOR
1002 University of Pennsylvania Law Review [Vol. 169: 1001 will be how best to adapt a
digitized litigation system using civil procedure rules built for a very different, analog era …

After qualified immunity

JC Schwartz - Columbia Law Review, 2020 - JSTOR
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 …

After the revolution: an empirical study of consumer arbitration

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 …

Privacy Pretexts

R Van Loo - Cornell L. Rev., 2022 - HeinOnline
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 …

Am Empirical Study of Implicit Takings

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 …

A comprehensive theory of civil settlement

JJ Prescott, KE Spier - NYUL Rev., 2016 - HeinOnline
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 …

The Effects of Twombly and Iqbal

WHJ Hubbard - Journal of Empirical Legal Studies, 2017 - Wiley Online Library
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 …

The priest-klein hypotheses: Proofs and generality

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 …

How courts adjudicate patent definiteness and disclosure

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 …

A fresh look at plausibility pleading

WHJ Hubbard - U. Chi. L. Rev., 2016 - HeinOnline
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" …