6. By referring to the test for whether a complaint survives a motion to dismiss as a...

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6. By referring to the test for whether a complaint survives a motion to dismiss as a

“context-specific task,” has Iqbal remained faithful to the principle of transsubstantivity, or does the pleading standard now depend on the category of the claim? What are the costs and benefits of having different pleading standards for different kinds of cases? Does this new standard introduce subjectivity and bias into the determination of the motion?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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