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The 'Twiqbal' Puzzle and Empirical Study of Civil Procedure

46 Pages Posted: 8 Jul 2013  

David Freeman Engstrom

Stanford Law School

Date Written: July 8, 2013

Abstract

This essay, written for a Stanford Law Review issue exploring “The Empirical Revolution in Law,” offers a critical assessment of the large body of empirical scholarship examining the effect of the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal on judicial and litigant behavior and then uses the critique to make some broader observations about the past, present, and future of empirical study of civil procedure.

Keywords: Bell Atlantic Corp. v. Twombly, Ashcroft v. Iqbal, pretrial practice, motions to dismiss, empirical legal studies, civil procedure

Suggested Citation

Engstrom, David Freeman, The 'Twiqbal' Puzzle and Empirical Study of Civil Procedure (July 8, 2013). Stanford Law Review, Vol. 65, No. 6, 2013; Stanford Public Law Working Paper No. 2290845. Available at SSRN: https://ssrn.com/abstract=2290845

David Freeman Engstrom (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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