Material Facts in the Debate Over 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...

Plausible Denial : Should Congress Overrule Twombly and Iqbal ?

When Kelo Met Twombly-iqbal: Implications for Pretext Challenges to Eminent Domain

Facts and Fallacies in the Debate on Glyphosate Toxicity

The safety profile of the herbicide glyphosate and its commercial formulations is controversial. Reviews have been published by individuals who are consultants and employees of companies commercializing glyphosate-based herbicides in support of glyphosate's reapproval by regulatory agencies. These authors conclude that glyphosate is safe at levels below regulatory permissible limits. In contras...

Modeling Facts, Culture and Cognition in the Gun Debate

Can empirical data generate consensus about how to regulate firearms? If so, under what conditions? Previously, we presented evidence that individuals’ cultural worldviews explain their positions on gun control more powerfully than any other fact about them, including their race or gender, the type of community or region of the country they live in, and even their political ideology or party af...