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