All Articles tagged Rules Enabling Act

• General
  May 01, 2017 EDT
  TWIQBAL, INC.: FINDING DISPARATE-IMPACT CLAIMS COGNIZABLE UNDER THE FAIR HOUSING ACT AND RAISING SERIOUS CONCERNS IN THE PROCESS
  Steven Cummings

  Texas Department of Housing and Community Affairs v. ICP amounts to the Court making a new pleading requirement for a specific claim, which conflicts with the Rules Enabling Act.

• State Constitutional Commentary
  November 11, 2011 EDT
  SHADY GROVE: DUCK-RABBITS, CLEAR STATEMENTS, AND FEDERALISM
  Helen Hershkoff

  This essay examines the use of clear statement rules in diversity cases where the federal court must ascertain the scope of an applicable state law.