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

The Hidden Costs of Pleading Plausibility: Examining the Impact of Twombly and Iqbal on Employment Discrimination Complaints and the Eeoc’s Litigation and Mediation Efforts

“The effect of the Court’s actions will no doubt be to deny many plaintiffs with meritorious claims access to the federal courts and, with it, any legal redress for their injuries. . . . I think that is an especially unwelcome development at a time when, with the litigating resources of our executive-branch and administrative agencies stretched thin, the enforcement of federal antitrust, consum...

The “public Use” Requirement in Eminent Domain Law: a Rationale Based on Secret Purchases and Private Influence

This article provides a rationale for understanding and interpreting the “public use” requirement within eminent domain law. The rationale is based on two factors. First, whereas the government often needs the power of eminent domain to avoid the problem of strategic holdout, private parties are usually able to purchase property through the use of secret buying agents. The availability of secre...

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...

The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation

Description: The Fifth Amendment of the U.S. Constitution reads "nor shall private property be taken for public use, without just compensation". Often referred to as the eminent domain or takings clause, economists have made significant contributions to the understanding of both the proper scope of takings and when compensation should be paid. The Economics of Eminent Domain: Private Property, ...