Plausibility and Disparate Impact

Joseph A. Seiner Volume 64, Issue 2, 287-324 In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court introduced a new plausibility pleading standard, abrogating well-established precedent. Under this standard, a plaintiff must now allege enough...

Mass Incarceration at Sentencing

Anne R. Traum Volume 64, Issue 2, 423-468 Courts can address the problem of mass incarceration at sentencing. Although some scholars suggest that the most effective response may be through policy and legislative reform, judicial consideration of mass incarceration at...