Oregon Law Review : Vol. 90, No. 4 (2012)
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Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 1181-1188 : On Miller, Mini-Fujis, and the Meaning of Access(University of Oregon School of Law, 2012) Reynolds, Jennifer W.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 1147-1180 : What If?: A Study of Seminal Cases as if Decided Under a Twombly/Iqbal Regime(University of Oregon School of Law, 2012) Coleman, Brooke D.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 1135-1146 : The (Continued) Assault on Privacy: A Timely Book Review Forty Years in the Making(University of Oregon School of Law, 2012) Kozinski, Alex; Grace, StephanieItem Open Access Oregon Law Review : Vol. 90, No. 4, p. 1085-1134 : The Cost-and-Delay Narrative in Civil Justice Reform: Its Fallacies and Functions(University of Oregon School of Law, 2012) Reda, Danya ShocairItem Open Access Oregon Law Review : Vol. 90, No. 4, p. 1065-1084 : Location, Location, Location: A Proposal for Centralized Review of the Now Largely Unreviewable Choice of Venue in Federal Litigation(University of Oregon School of Law, 2012) Saferstein, Harvey I.; Hamler, Nathan R.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 993-1032 : The Necessity of Tradeoffs in a Properly Functioning Civil Procedure System(University of Oregon School of Law, 2012) Morrison, Alan B.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 1033-1064 : Access to Justice Within the Federal Courts––A Ninth Circuit Perspective(University of Oregon School of Law, 2012) O’Scannlain, Diarmuid F.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 955-992 : King Arthur Confronts TwIqy Pleading(University of Oregon School of Law, 2012) Cooper, Edward H.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 945-954 : Arthur Miller Scared the Hell out of Me(University of Oregon School of Law, 2012) Moffitt, MichaelItem Open Access Oregon Law Review : Vol. 90, No. 4, p. 941-944 : A Journalist's Tribute to Arthur R. Miller(University of Oregon School of Law, 2012) Hartmann, DavidItem Open Access Oregon Law Review : Vol. 90, No. 4, p. 937-940 : A Tribute to Arthur Miller(University of Oregon School of Law, 2012) Morrison, Alan B.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 929-936 : The Procedural Vision of Arthur R. Miller : A Practitioner's Tribute(University of Oregon School of Law, 2012) Cabraser, Elisabeth J.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 923-928 : A Student's Tribute to Professor Arthur Miller(University of Oregon School of Law, 2012) Gould, Ronald M.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 919-922 : Some Memories of Arthur Miller(University of Oregon School of Law, 2012) Weinstein, Jack B.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 1147-1180 : What If?: A Study of Seminal Cases as if Decided Under a Twombly/Iqbal Regime(University of Oregon School of Law, 2012) Coleman, Brooke D.Part I of this Essay briefly summarizes the two seminal Supreme Court cases that provide the backdrop for this study: Regents of the University of California v. Bakke and Price Waterhouse v. Hopkins. Part II applies Twombly and Iqbal to the original complaints filed in Bakke and Price Waterhouse and argues that there is a strong likelihood that the Court would have dismissed those complaints under a Twombly/Iqbal regime. Finally, Part III considers what the impact would have been if the Court had dismissed those cases. For example, the application of Twombly and Iqbal is likely to impact substantive claims historically brought by institutional plaintiffs. Even though institutional litigation has become so common over the past few decades, the Twombly/Iqbal regime may mark the beginning of its demise.Item Open Access Oregon Law Review : Vol. 90, No. 4, p. 913-918 : Foreward(University of Oregon School of Law, 2012) Kane, Mary Kay