See Mr. Epstein's article in the Online Journal here The federal pleading threshold is probably the most confronted, least understood, threshold in American law. We know that to survive a Rule 12(b)(6) motion to dismiss in the post-Twombly and -Iqbal world, a pleading must state a claim to relief that is “plausible” on its face.… Continue reading How Probable is “Plausible”? by Daniel A. Epstein
Briefly 2.7 – Bureaucratic Resistance
https://soundcloud.com/uchilrev/bureaucratic-resistance Bureaucratic resistance occurs when civil servants disobey the orders of elected officials and political appointees. Some kind of bureaucratic shirking is inevitable in modern government, but bureaucratic resistance has been uniquely public during the first two years of the Trump administration. Today we're joined today by Jennifer Nou, Professor of Law at the University… Continue reading Briefly 2.7 – Bureaucratic Resistance
Briefly 2.6 – #MeToo and Corporate Law
https://soundcloud.com/uchilrev/metoo-and-corporate-law Today on Briefly we’re discussing the increasingly important intersection of the #MeToo movement and corporate law. What do corporations do in response to sexual assault allegations? Do corporate actions downplay the victim's struggle, or do they play an important role in shaping society when politics doesn't work? We spoke to two scholars, Daniel Hemel, a professor… Continue reading Briefly 2.6 – #MeToo and Corporate Law
Briefly 2.5 – 911 Nuisances and Victims of Domestic Violence
https://soundcloud.com/uchilrev/25-911-nuisances-and-victims-of-domestic-violence Traditional nuisance ordinances are environmental regulations that prohibit things like piling trash in a yard or making loud noises at night. But some ordinances prohibit frequent 911 calls and allow the city to fine the property owner when 911 is called too many times to a certain property. These laws have dire consequences for… Continue reading Briefly 2.5 – 911 Nuisances and Victims of Domestic Violence
Briefly 2.4 – Qualified Immunity
https://soundcloud.com/uchilrev/24-qualified-immunity Today on Briefly we explore the controversial doctrine of "qualified immunity," a constitutional law doctrine that prevents executive officials like police from being brought into court for alleged constitutional violations, including acts of violence. Where does the immunity come from? Why does it exist? Is it to protect government officers from their deeds?… Continue reading Briefly 2.4 – Qualified Immunity
Briefly 2.3 – The Opioid Crisis – Part II
https://soundcloud.com/uchilrev/23-the-opioid-crisis-part-2 This week on Briefly we continue our discussion of the Opioid Crisis. This show is part two of a two-part episode. We discuss opioid litigation and its role in the overall policy response to the Crisis. Our guests this episode are Keith Humphreys, Esther Ting Memorial Professor of Psychiatry and Behavioral Sciences at Stanford… Continue reading Briefly 2.3 – The Opioid Crisis – Part II
Waiving Administrative Deference, by Jamie Durling & E. Garrett West
Litigants in our adversarial system must raise their best arguments or the court will find that the argument has been “waived” (or more precisely, “forfeited”). But what should courts do if an agency or a private party fails to raise Chevron deference during litigation about the lawfulness of agency action? In a forthcoming essay in… Continue reading Waiving Administrative Deference, by Jamie Durling & E. Garrett West
