Legal Research

New L&C Law Scholarship: Flipping Daubert

Posted on March 24, 2010
Ryan Hackney, Flipping Daubert: Putting Climate Change Defendants in the Hot Seat, 40 Environmental Law Review 255 (2010) Can climate change plaintiffs use Daubert challenges to exclude defense expert testimony? Although Daubert challenges have traditionally favored defendants, the strong scientific evidence for climate change may allow plaintiffs to exclude or restrict defense testimony...

New L&C Law Scholarship: Rumors of Conley’s Demise Have Been Greatly Exaggerated

Posted on March 24, 2010
Brook Detterman, Rumors of Conley’s Demise Have Been Greatly Exaggerated: The Impact of Bell Atlantic Corporation v. Twombly on Pleading Standards in Environmental Litigation, 40 Environmental Law Review 295 (2010) This Note examines federal pleading standards in light of the Supreme Court’s decision in Bell Atlantic Corp...

New L&C Law Scholarship: Review of Large-Scale Ecosystem Restoration

Posted on March 24, 2010
Joel A. Mintz, Review of Large-Scale Ecosystem Restoration: Five Case Studies from the United States, 40 Environmental Law Review 335 (2010) BOOK REVIEW (abstract from Environmental Law Review)

New L&C Law Scholarship: Lewis & Clark Law Review Volume 14, Number 1

Posted on March 03, 2010
The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 14, Number 1 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Symposium: Pondering Iqbal The Substantive Origins of “Plausible Pleadings”: An Introduction to the Symposium on [...

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New L&C Law Scholarship: The Substantive Origins of “Plausible Pleadings”

Posted on March 03, 2010
Edward Brunet, The Substantive Origins of “Plausible Pleadings”: An Introduction to the Symposium on Ashcroft v. Iqbal, 14 Lewis & Clark Law Review 1 (2010) Iqbal?s use of the word “plausible” as the new standard for Rule 12(b)(6) motions is confusing at several levels...

New L&C Law Scholarship: The New Summary Judgment Motion

Posted on March 03, 2010
Suja A. Thomas, The New Summary Judgment Motion: The Motion to Dismiss Under Iqbal and Twombly, 14 Lewis & Clark Law Review 15 (2010) This Symposium Article argues that the motion to dismiss is the new summary judgment motion. In Iqbal v. Ashcroft and Bell Atlantic Corp...

New L&C Law Scholarship: Front Loading and Heavy Lifting

Posted on March 03, 2010
Suzette M. Malveaux, Front Loading and Heavy Lifting: How Pre-Dismissal Discovery Can Address the Detrimental Effect of Iqbal on Civil Rights Cases, 14 Lewis & Clark Law Review 65 (2010) Although the Federal Rules of Civil Procedure are trans-substantive, they have a greater detrimental effect on certain substantive claims...

New L&C Law Scholarship: Iqbal, Twombly, and the Lessons of the Celotex Trilogy

Posted on March 03, 2010
Hillel Y. Levin, Iqbal, Twombly, and the Lessons of the Celotex Trilogy, 14 Lewis & Clark Law Review 143 (2010) This Essay compares the Twombly/Iqbal line of cases to the Celotex trilogy and suggests that developments since the latter offer lessons for the former...

New L&C Law Scholarship: Iqbal, Procedural Mismatches, and Civil Rights Litigation

Posted on March 03, 2010
Howard M. Wasserman, Iqbal, Procedural Mismatches, and Civil Rights Litigation, 14 Lewis & Clark Law Review 157 (2010) Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation...

New L&C Law Scholarship: Iqbal and the Slide Toward Restrictive Procedure

Posted on March 03, 2010
A. Benjamin Spencer, Iqbal and the Slide Toward Restrictive Procedure, 14 Lewis & Clark Law Review 185 (2010) Last term, in Ashcroft v. Iqbal, the Supreme Court affirmed its commitment to more stringent pleading standards in the ordinary federal civil case...

New L&C Law Scholarship: “I Do Not Think [Implausible] Means What You Think It Means”

Posted on March 03, 2010
Tung Yin, “I Do Not Think [Implausible] Means What You Think It Means”: Iqbal v. Ashcroft and Judicial Vouching for Government Officials, 14 Lewis & Clark Law Review 203 (2010) The Supreme Court’s use of a “plausibility” standard to order the dismissal of a plaintiff’s civil rights action in Ashcroft v...

New L&C Law Scholarship: The Implausible Alien

Posted on March 03, 2010
Juliet P. Stumpf, The Implausible Alien: Iqbal and the Influence of Immigration Law, 14 Lewis & Clark Law Review 231 (2010) This Article addresses the subterranean impact of immigration law on the outcome of Ashcroft v. Iqbal, a watershed case for civil pleading standards...

New L&C Law Scholarship: National Security and Bivens After Iqbal

Posted on March 03, 2010
Stephen I. Vladeck, National Security and Bivens After Iqbal, 14 Lewis & Clark Law Review 255 (2010) Given the significance of the Supreme Court’s holding vis-a-vis pleading standards in Ashcroft v. Iqbal, it is entirely understandable that most commentators have largely neglected the majority’s other holding in the same case-its rejection of superior responsibility as a [...

New L&C Law Scholarship: 2007-2008 Legislative Review

Posted on February 19, 2010
Nancy R. Hoffman and Robin C. McGinnis, 2007-2008 Legislative Review, 15 Animal Law 1 (2010) Rita D. Yonkers, Legislative Review Editor Nancy R. Hoffman & Robin C. McGinnis, Authors (abstract from Animal Law)

New L&C Law Scholarship: Wave New World

Posted on January 14, 2010
Mark Sherman, Wave New World: Promoting Ocean Wave Energy Development Through Federal-State Coordination and Streamlined Licensing, 39 Environmental Law Review 1161 (2009) Global warming has impacts that will be, and are, catastrophic. Efforts to slow the effects of global warming are present at the state level...

New L&C Law Scholarship: Book Review

Posted on January 14, 2010
Robert H. Klonoff , In the Public Interest – A Review, 39 Environmental Law Review 1225 (2009) (abstract from Environmental Law Review)

New L&C Law Scholarship: Capping Carbon

Posted on January 14, 2010
David M. Driesen, Capping Carbon, 40 Environmental Law Review 1 (2010) This Article discusses cap setting for a cap-and-trade program, a key problem in pending legislation addressing global climate disruption. While the literature often suggests that trading automatically solves the problems associated with Best Available Technology (BAT) regulation, regulators often use a BAT approach to [...

New L&C Law Scholarship: Environmental Law Review Volume 39, Issue 4

Posted on January 14, 2010
The latest issue of Lewis & Clark Law School’s Environmental Law Review is now out. Here are the articles published in Volume 39, Issue 4 of Environmental Law Review, complete with links to the abstracts and full-text articles: Articles “Steel in the Ground”: Greening the Grid With the iUtility by Joseph P...

New L&C Law Scholarship: “Steel in the Ground”

Posted on January 14, 2010
Joseph P. Tomain, “Steel in the Ground”: Greening the Grid With the iUtility, 39 Environmental Law Review 931 (2009) While the electricity industry is significantly challenged by climate change, climate change also presents a significant opportunity for the industry to restructure itself...

New L&C Law Scholarship: Restructuring a Green Grid

Posted on January 14, 2010
Steven Ferrey, Restructuring a Green Grid: Legal Challenges to Accommodate New Renewable Energy Infrastructure, 39 Environmental Law Review 977 (2009) Traveling across the legal, regulatory, and physical frontiers of the new “smarter” grid, this Article fathoms the complexities of the new legal architecture of the American “smarter” grid...

New L&C Law Scholarship: The Trojan Horse of Electric Power Transmission Line Siting Authority

Posted on January 14, 2010
Jim Rossi, The Trojan Horse of Electric Power Transmission Line Siting Authority, 39 Environmental Law Review 1015 (2009) This Article highlights legal barriers to the development of renewable energy projects but takes a skeptical approach to Congress’ expansion of federal siting jurisdiction as a solution to the problem...

New L&C Law Scholarship: Streamlining NEPA to Combat Global Climate Change

Posted on January 14, 2010
Irma S. Russell, Streamlining NEPA to Combat Global Climate Change: Heresy or Necessity?, 39 Environmental Law Review 1049 (2009) This Article discusses the impact of the National Environmental Policy Act (NEPA) on the development of non-carbon energy sources...

New L&C Law Scholarship: Rough Seas Ahead

Posted on January 14, 2010
Rachael E. Salcido, Rough Seas Ahead: Confronting Challenges to Jump-Start Wave Energy, 39 Environmental Law Review 1073 (2009) This Article examines various challenges to the goal of accelerating wave energy development within the sustainable development framework...

New L&C Law Scholarship: The Rising Tide of Climate Change

Posted on January 14, 2010
Joshua P. Fershee , The Rising Tide of Climate Change: What America’s Flood Cities Can Teach Us About Energy Policy and Why We Should Be Worried, 39 Environmental Law Review 1109 (2009) To provide a model for assessing the current and likely responses to climate change risks, this Article considers two of the worst flood disasters [...

New L&C Law Scholarship: Greening the Grid and Climate Justice

Posted on January 14, 2010
Alice Kaswan, Greening the Grid and Climate Justice, 39 Environmental Law Review 1143 (2009) Professor Kaswan argues that environmental and economic justice considerations are central to debates about whether, and how, to green the grid. She surveys the collateral environmental and economic benefits and risks presented by a transition to renewable energy, and argues that [...

New L&C Law Scholarship: Lewis & Clark Law Review Volume 13, Number 4

Posted on December 21, 2009
The latest issue of Lewis & Clark Law School’s Lewis & Clark Law Review is now out. Here are the articles published in Volume 13, Number 4 of Lewis & Clark Law Review, complete with links to the abstracts and full-text articles: Articles Plessy 2...

New L&C Law Scholarship: Plessy 2.0

Posted on December 21, 2009
Ronald Turner, Plessy 2.0, 13 Lewis & Clark Law Review 861 (2009) In its infamous 1896 decision in Plessy v. Ferguson the Supreme Court of the United States held that a Louisiana statute mandating separate but (in reality not) equal railway accommodations for black and white passengers did not violate the Fourteenth Amendment’s Equal Protection Clause...

New L&C Law Scholarship: To Work, or Not To Work?

Posted on December 21, 2009
Margaret Ryznar, To Work, or Not To Work? The Immortal Tax Disincentives For Married Women, 13 Lewis & Clark Law Review 921 (2009) Among the most fundamental barriers to the aggressive participation of many married women in the work force are the disincentives for secondary income earners embedded in the federal tax code...

New L&C Law Scholarship: Two Fathers, One Dad

Posted on December 21, 2009
Browne Lewis, Two Fathers, One Dad: Allocating the Paternal Obligations Between the Men Involved in the Artificial Insemination Process, 13 Lewis & Clark Law Review 949 (2009) This Article deals with the allocation of paternity between the men involved in the artificial insemination process...

New L&C Law Scholarship: Rethinking the Use of Foreign Law and Public Consensus

Posted on December 21, 2009
Luke Nikas, Rethinking the Use of Foreign Law and Public Consensus: The U.S. Supreme Court’s Inconsistent Methods For Defining Constitutional Rights, 13 Lewis & Clark Law Review 1007 (2009) The debate over the Supreme Court?s citation of foreign law rages on...

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