The Twombly Revolution?

Sunday, May 3, 2009 | Comments Off on 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...

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

Saturday, May 2, 2009 | Comments Off on 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...

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

Friday, May 1, 2009 | Comments Off on 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...

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Why It Matters Whether There Is a Higher Law or Not

Wednesday, April 15, 2009 | Comments Off on Why It Matters Whether There Is a Higher Law or Not

This conference was advertised as addressing the questions: “Is there a higher law?” and “Does it matter?” I would like to use my time on this occasion to deal with the latter question: Does it matter whether there is...

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

Tuesday, April 14, 2009 | Comments Off on 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...

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

Monday, April 13, 2009 | Comments Off on 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...

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