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New Pleading in the Twenty-First Century – Slamming the Federal Courthouse Doors? - Oxford Scholarship Online
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New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Scott Dodson

Abstract

This book analyzes, critiques, and provides solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening—what the text calls “New Pleading”—that has not existed in the United States for 70 years. The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it mea ... More

Keywords: New Pleading, federal court, Supreme Court, fact pleading, merits screening, United States, civil justice, procedural justice

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199832507
Published to Oxford Scholarship Online: April 2015 DOI:10.1093/acprof:osobl/9780199832507.001.0001

Authors

Affiliations are at time of print publication.

Scott Dodson, author
Professor of Law, UC Hastings, College of the Law, San Francisco, CA, USA