News Entry
| Recent Media Coverage of Forthcoming YLJ Note, Locking the Doors to Discovery? Conceptual Challenges in and Empirical Results for Assessing the Effects of Twombly and Iqbal on Access to Discovery |
 |
| Julie Wang, Thursday, 01 December 2011 |
|
A forthcoming YLJ Note has already received attention from legal commentators. Jonah Gelbach, a second-year student at Yale Law School, has written a Note titled Locking the Doors to Discovery? Conceptual Challenges in and Empirical Results for Assessing the Effects of Twombly and Iqbal on Access to Discovery. Read Lawrence Solum’s discussion of the Note on Legal Theory Blog and Alison Frankel’s On the Case post about it on the Thomson Reuters legal news site. In the forthcoming Note, Gelbach uses publicly available data and a new empirical approach to study the effects of the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. Although the grant rate for Rule 12(b)(6) motions to dismiss pre-Twombly is about the same as the grant rate for Rule 12(b)(6) motions to dismiss post-Iqbal, Gelbach shows that defendants file Rule 12(b)(6) motions much more frequently post-Iqbal than they had in the pre-Twombly era. Gelbach concludes that “among cases not involving financial instruments, civil rights, or employment discrimination, at least 18% of those that faced a Rule 12(b)(6) MTD during the post-Iqbal period ultimately will have been prevented from reaching discovery on at least one claim as a result of the switch to heightened pleading.” Gelbach also casts doubt on the common expectation that Twombly and Iqbal would have the most dramatic effects in the civil rights and employment discrimination contexts: his lower-bound estimates for the effects of Twombly and Iqbal on civil rights and employment discrimination cases are almost exactly the same as his lower-bound estimate for the effects of the decisions on other types of suits. Gelbach’s Note will be published in Volume 121 of The Yale Law Journal in 2012. To read a preliminary draft on SSRN, please click here. |
Most Recent
Forthcoming
Articles
Michelle Wilde Anderson, Dissolving Cities, 121 Yale L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1919768.
Ian Ayres, Regulating Opt-Out: An Economic Theory of Altering Rules, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1934412.
D. James Greiner & Cassandra W. Pattanayak, Randomized Evaluation in Legal Assistance: What Difference Does Representation Make?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1708664.
Daryl J. Levinson, Rights and Votes, 121 YALE L.J. (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1889264.
Ruth Mason & Michael Knoll, What Is Tax Discrimination?, 121 Yale L.J. (forthcoming 2012), available at http://ssrn.com/abstract=1647014.
Christopher Re & Richard Re, Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, 121 YALE L.J. (forthcoming 2012).
Notes
Barrett Anderson, Note, Recognizing Character: A New Perspective on Character Evidence, 121 Yale L.J. (forthcoming 2012).
Jesse Cross, Note, “Done in Convention”: The Attestation Clause and the Declaration of Independence, 121 Yale L.J. (forthcoming 2012).
Miles Farmer, Note, Mandatory and Fair?: A Better System of Mandatory Arbitration, 121 Yale L.J. (forthcoming 2012).
Eric Fish, Note, The Twenty-Sixth Amendment Enforcement Power, 121 Yale l.J. (forthcoming 2012).
Jonah Gelbach, Note, Locking the Doors to Discovery? Conceptual Challenges in and Empirical Results for Assessing the Effects of Twombly and Iqbal on Access to Discovery, 121 Yale L.J. (forthcoming 2012).
Danielle M. Lang, Note, Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants’ Ability to Bring Successful Padilla Claims, 121 Yale l.J. (forthcoming 2012).
Nick McLean, Note, Cross-National Patterns in FCPA Enforcement, 121 Yale l.J. (forthcoming 2012).
Comments
Douglas Lieb, Comment, Can Section 1983 Help To Prevent the Execution of Mentally Retarded Prisoners?, 121 Yale l.J. (forthcoming 2012).
Jeffrey Love, Comment, Second Order Clear Statement Rules, 121 Yale L.J. (forthcoming 2012).
Margaret B. Weston, Comment, One Person, No Vote: Staggered Elections, Redistricting, and Disenfranchisement, 121 Yale l.J. (forthcoming 2012).
David Wishnick, Comment, Corporate Purposes, Contractual Freedom, and Default Rule Clarity: A Comment on eBay v. Newmark, 121 Yale L.J. (forthcoming 2012).
Yale Law Journal Online
Akhil Reed Amar, The Lawfulness of Health-Care Reform, 121 Yale L.J. Online (forthcoming 2012), available at http://ssrn.com/abstract=1856506.
Jules L. Coleman, Mistakes, Misunderstandings and Misalignments, 121 YALE L.J. ONLINE (forthcoming 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1970091.Daniel A. Farber, Preventing Policy Default: Fallbacks and Failsafes in the Modern Administrative State, 121 YALE L.J. ONLINE (forthcoming 2012).
Lawrence Fox, The Gang of Thirty-Three: Taking the Wrecking Ball to Client Loyalty, 121 YALE L.J. ONLINE (forthcoming 2012).
James W. Jones and Anthony E. Davis, In Defense of a Reasoned Dialogue about Law Firms and their Sophisticated Clients, 121 YALE L.J. ONLINE (forthcoming 2012).
Andrew Koppelman, Bad News for Everybody, 121 YALE L.J. ONLINE (forthcoming 2012).
Gary Lawson & David B. Kopel, Bad News for John Marshall, 121 YALE L.J. ONLINE (forthcoming 2012).