Charles E. Clark and Simple Pleading: Against a 'Formalism of Generality'

34 Pages Posted: 24 Apr 2009 Last revised: 8 Apr 2011

Date Written: April 20, 2009

Abstract

This paper explores Charles E. Clark's intent for the pleading standard under the Federal Rules of Civil Procedure. It argues that Clark rejected both notice pleading and rigidity, the two characteristics the predominated under the Federal Rules, at least before Bell Atlantic v. Twombly.

Suggested Citation

Julian, Peter, Charles E. Clark and Simple Pleading: Against a 'Formalism of Generality' (April 20, 2009). Northwestern University Law Review, Vol. 104, p. 1179, 2010. Available at SSRN: https://ssrn.com/abstract=1392546

Peter Julian (Contact Author)

Northwestern University - Pritzker School of Law ( email )

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