Tag: Note

The New Silver Platter: How Today’s Police Are Serving up Potentially Tainted Evidence Without Even Revealing the Search that Produced It to Defendants or to Courts

Micah Block

Imagine the following scenario: A police officer is investigating a major drug trafficking ring. She obtains a wiretap on the cell phone of the suspected kingpin of the organization. The wiretap enables her to overhear conversations between the top target of the wiretap and several other people in the drug… Read More »

The New Rule 12(b)(6): Twombly, Iqbal, and the Paradox of Pleading

Rakesh Kilaru

In 2007, the Court handed down its opinion in Bell Atlantic v. Twombly. The case set the civil procedure world abuzz; in addition to “retir[ing]” Conley v. Gibson’s famous “no set of facts” standard, Twombly introduced the concept of “plausibility” as the dividing line between complaints that do and do… Read More »

An Empirical Analysis of § 1983 Qualified Immunity Actions and Implications of Pearson v. Callahan

Greg Sobolski & Matt Steinberg

The Supreme Court’s recent decision in Pearson v. Callahan marked a turning point in a judicial experiment concerning § 1983 constitutional litigation, which began in 2001 with Saucier v. Katz. The experiment involved the doctrine of qualified immunity, an immunity from suit extended to state and local government officials (and… Read More »