Abstract

http://ssrn.com/abstract=1432287
 


 



Ashcroft V. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores


Kenneth S. Klein


California Western School of Law

2009

Nebraska Law Review, Vol. 88, No. 2, p. 261

Abstract:     
Over the course of the last two centuries, the realities of modern civil litigation and the traditional interpretation of the Seventh Amendment have been on a collision course. The recent Supreme Court Opinion in Ashcroft v. Iqbal, heightening the pleading standards under Rule 8, is the point of impact. The thesis of this Article is that while the Iqbal Opinion fails even to acknowledge a potential conflict with the Seventh Amendment, the decision interprets Rule 8 in a manner that is unconstitutional when measured against the traditional interpretation of the Seventh Amendment.

Number of Pages in PDF File: 24

Keywords: Iqbal, pleading standards, civil procedure, Seventh Amendment

JEL Classification: K41

Accepted Paper Series





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Date posted: July 15, 2009 ; Last revised: July 19, 2014

Suggested Citation

Klein, Kenneth S., Ashcroft V. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores (2009). Nebraska Law Review, Vol. 88, No. 2, p. 261. Available at SSRN: http://ssrn.com/abstract=1432287

Contact Information

Kenneth S. Klein (Contact Author)
California Western School of Law ( email )
225 Cedar Street
San Diego, CA 92101
United States
619-515-1535 (Phone)
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