Ashcroft V. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores
Kenneth S. Klein
California Western School of Law
Nebraska Law Review, Vol. 88, No. 2, p. 261
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: K41Accepted Paper Series
Date posted: July 15, 2009 ; Last revised: September 27, 2010
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