Iqbal’s Plausibility Ruling Heading for a Congressional Hearing

Capitoldome Joe Seiner (South Carolina) brings to my attention a very important development in the world of civil procedure and employment discrimination law.

David Ingram of the National Law Journal reports:

Ashcroft v. Iqbal, the 5-month-old U.S. Supreme Court decision that has become a thorn in the side of the plaintiffs bar, will get a Capitol Hill airing on Tuesday.

The House Judiciary Committee is scheduled to hold the first congressional hearing on the far-reaching May ruling, which raised the pleading standard for most civil complaints, making it more difficult to keep cases from being thrown out.

The hearing isn’t likely to be the last time Congress weighs in on the matter. Sen. Arlen Specter, D-Pa., has sponsored legislation to return to an earlier pleading standard, and he wields the gavel in a Senate Judiciary subcommittee.

Because so much is at stake for both trial lawyers and the business community, I would not be surprised if this is the first many salvos on what exactly must be proven to survive a Rule 12(b)(6) motion.  Additionally, because many of the lawsuits involved concern employment discrimination plaintiffs, this goes right to the heart of whether those complaining of discrimination, harassment, or retaliation in the workplace can get their case heard of the merits.

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Journalist Alan Borsuk Joins the Law School

Alan BorsukAs announced today in this press release by the University, Alan J. Borsuk is joining the Law School as senior fellow in law and public policy. This appointment follows a search in which the Law School sought a journalist with experience and skills in investigating and reporting on matters vital to the community. Marquette Law School is becoming a powerhouse of education, ideas, and action, thanks in large measure to the support from the University, as has especially characterized the presidency, since 1995, of Rev. Robert A. Wild, S.J. To have attracted Alan—a seasoned reporter who gained an outstanding reputation for his work at the Milwaukee Journal Sentinel—not only confirms but also expands the Law School’s role as a civic institution committed to gathering and communicating information and ideas about critical public policy concerns. Alan will work with faculty and others at the Law School, such as Mike Gousha, on matters such as criminal justice, water policy, health care, technology, and dispute resolution. Alan will also maintain his own portfolio of projects, particularly in the area of education policy. Alan’s appointment presents exciting opportunities to further advance our missions of research, teaching, and service.

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Adventure Learning in Turkey

istanbul-150x150I just returned from a conference in Istanbul, which was the second of three conferences on the next generation of negotiation teaching. It was fascinating; and I will have several posts in the next few days about different pieces of it. One of the most interesting concepts behind this conference was the opportunity to take advantage of the city itself, to take advantage of a negotiation culture completely unlike the US one, and to go into the Spice Market and Grand Bazaar to have some fun while learning about the negotiation culture here. I will have several stories from this experience. The first is my important negotiation for soccer jerseys for my boys. (I have for many years used soccer jerseys from around the world as the standard gift for my sons. In some places—France, Spain—this has led to classic department store purchases. In others—Italy, Bosnia, Croatia, Israel—this leads to bargaining with vendors in tourist squares.) I have a general process that I use for negotiation that I was curious to test again in Istanbul.

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