Publication Date

7-2014

Journal

Human Rights

Abstract

The article critiques the Supreme Court's shift from notice pleading to plausibility pleading, introduced by *Ashcroft v. Iqbal* and *Bell Atlantic v. Twombly*, arguing that this change has harmed civil rights plaintiffs and created significant legal and practical challenges. The author contends that plausibility pleading is both legally unsound and practically problematic, as it increases dismissal rates without improving case quality. The article advocates for overruling these decisions, asserting that the Court should revisit the issue due to the doctrine's inconsistent application and its adverse impact on access to justice.

Volume

41

Issue

1

First Page

11

Last Page

13

Publisher

American Bar Association

Disciplines

Civil Rights and Discrimination | Jurisdiction | Law

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