Briefly 2.7 – 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

How Probable is “Plausible”? by Daniel A. Epstein

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