Mapping Supreme Court Doctrine: Civil Pleading
Federal Courts Law Review, Vol. 7, No. 1, p. 275, 2014
11 Pages Posted: 9 Apr 2014 Last revised: 20 May 2015
Date Written: April 7, 2014
This essay, adapted from the video presentation available on Vimeo as #89845875, graphically depicts the genealogy and evolution of federal civil pleading standards in U.S. Supreme Court opinions over time. We show that the standard narrative — of a decline in pleading liberality from Conley to Twombly to Iqbal — is complicated by both progenitors and progeny. We therefore offer a fuller picture of the doctrine of Rule 8 pleading that ought to be of use to judges and practitioners in federal court. We also hope, through the video presentation, to introduce a new visual format for academic scholarship that capitalizes on the virtues of narration, graphics, mapping, online accessibility, and electronic dissemination.
Keywords: video article, video project, Twombly, iqbal, twiqbal, Rule 8, pleading, vimeo, conley, leatherman, swierkiewicz, skinner, matrixx, papasan, dura, broudo
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