Sunday, February 21, 2010

Pondering Iqbal

The Lewis & Clark Law Review just published its terrific symposium issue titled Pondering Iqbal--a reference to Ashcroft v. Iqbal, the Supreme Court's decision last term that heightened the pleading standard and resulted in countless dismissals, spawning an effort in Congress to return to a notice pleading standard.  Full papers are available at the Law Review's link here.

The Law Review put together an outstanding symposium issue, and all the papers are well worth a look.  Here are a few that jumped out at me:

Edward Brunet, The Substantive Origins of "Plausible Pleadings": An Introduction to the Symposium on Ashcroft v. Iqbal

Suzette M. Malveaux, Front Loading and Heavy Lifting: How Pre-Dismissal Discovery Can Address the Detrimental Effect of Iqbal on Civil Rights Cases

Howard M. Wasserman, Iqbal, Procedural Mismatches, and Civil Rights Litigation

Michael C. Dorf, Iqbal and Bad Apples

Stephen I. Vladeck, National Security and Bivens After Iqbal

Sheldon Nahmod, Constitutional Torts, Over-Deterrence and Supervisory Liability After Iqbal

SDS

http://lawprofessors.typepad.com/conlaw/2010/02/pondering-iqbal.html

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