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What Should We Be Working On? Empirical Civil Procedure Post CELS

Earlier this week, I argued that civil procedure empiricists are spending too much time on the Twiqbal problem.  That’s not the same as saying that Twiqbal is an unimportant set of cases.  It probably signals an important shift in federal pleading doctrine, and, arguably, some litigants we care about are being shut out of federal court. [...]

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