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Noll on Aschcroft v. Iqbal

By Lawrence Solum

David L. Noll (New York University - School of Law) has posted The Indeterminacy of Iqbal (Georgetown Law Journal, Forthcoming) on SSRN. Here is the abstract:

The Supreme Court's controversial decision in Ashcroft v. Iqbal did not resolve a number of issues concerning the new fact-screening function federal courts must perform at a motion to dismiss. Because Iqbal decided less than most readers have assumed, some of the initial criticism directed at the case may be premature, and the strongest normative critiques potentially attack a target that bears little resemblance to what the Court held. This Article identifies several doctrinal and methodological issues Iqbal left open, and discusses their impact on the initial wave of criticism directed at the Court's decision.

Full post as published by Legal Theory Blog on March 03, 2010 (boomark / email).