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
Category: Post
What is a Constitutional Right? by Professor Robert Leider
The word “right” may describe different kinds of legal relationships. Nowhere has the nature of rights become more confused than in the debate over the Second Amendment’s scope. On Friday, November 2, the First Circuit released its opinion in Gould v O’Leary, No. 17-2202, which upheld Boston and Brookline’s denial of licenses to carry firearms… Continue reading What is a Constitutional Right? by Professor Robert Leider
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
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