Failed Experiment: Twombly, Iqbal, and Why Broad Pretrial Discovery Should Be Further Eliminated

Plausible Denial : Should Congress Overrule Twombly and Iqbal ?

Material Facts in the Debate Over Twombly and Iqbal

This Article presents empirical evidence concerning the adjudication of defendant-filed summary judgment motions. Using nearly 2000 randomly selected employment discrimination and contract cases, the Article tries to assess the performance of Twombly and Iqbal, which raised the federal pleading standard, in filtering cases according to merit. This Article begins by explaining how such data migh...

Why should the logic of discovery be revived? A reappraisal

Three decades ago Laudan posed the challenge: Why should the logic of discovery be revived? This paper tries to answer this question arguing that the logic of discovery should be revived, on the one hand, because, by Gödel’s second incompleteness theorem, mathematical logic fails to be the logic of justification, and only reviving the logic of discovery logic may continue to have an important r...

Mild disorders should not be eliminated from the DSM-V.

BACKGROUND High prevalence estimates in epidemiological surveys have led to concerns that the DSM system is overly inclusive and that mild cases should be excluded from future DSM editions. OBJECTIVE To demonstrate that the DSM-III-R disorders in the baseline National Comorbidity Survey (NCS) can be placed on a severity gradient that has a dose-response relationship with outcomes assessed a d...

Why the IPCC Should be

So why is the IPCC so adamant that it will not revisit its conclusions? It may be that they are so profoundly concerned about the perils of global warming that the darkest possible picture is painted in order to secure urgent action. There may also be the inevitable institutional characteristic of making the problem more serious than it is in order to command greater attention. This too may be ...