If It (Ain’t) Broke, Don’t Fix It: Twombly, Iqbal, Rule 84, and the Forms

The past decade has not been kind to the Federal Rules of Civil Procedure (the Rules). From the growth of summary judgment as a mechanism to let judges instead of juries determine facts, to the love–hate relationship with class actions, judicial interpretations of the Rules have revealed a trend toward complicating the ability of plaintiffs to find redress for their claims. Nowhere is this more apparent than in the shifting standards of pleading requirements under Rule 8. Much has been written by academics and practitioners alike regarding the ripples caused by Twombly and Iqbal. Although the Court would like to believe otherwise, would-be plaintiffs are faced with a greater pleading standard than the plain language of Rule 8 suggests. Now, a new victim of judicial misinterpretation has emerged: the Appendix of Forms under Rule 84. Part I of this Note discusses the history of Twombly and Iqbal and their effect on pleading standards under the Rules. Part II describes how courts have struggled, unsuccessfully in many cases, to reconcile the Court’s interpretation with the language of Rule 8 and the illustrative forms under Rule 84. Part III outlines the response of the Standing Committee on Rules of Practice and Procedure to the dilemma created by Twombly and Iqbal. Finally, Part IV discusses the author’s alternative to abrogation of the Forms

Effects of infrequent dried distillers grain supplementation on spring-calving cow performance

Feed and supplement costs and the expenses associated with delivery of winter supplements account for a large proportion of the total operating expenditures for cow-calf producers. Cattle grazing low-quality dormant native range (<6% crude protein) typically are unable to consume sufficient protein from the forage base, which limits microbial activity and forage digestion. Supplemental protein often is required to maintain cow body weight and body condition score during the last trimester of pregnancy. Low cow body condition scores at calving are common and may negatively affect lactation, rebreeding rates, and calf weaning weight. Failure to maintain proper nutritional status during this period severely affects short-term cow performance, reduces overall herd productivity, and limits profit potential. The most effective means of supplying supplemental protein to cows consuming dormant native range is to provide a small amount of high-protein feedstuff (>30% crude protein). Dried distillers grains with solubles (DDGS) are a by-product of the ethanol refining process. Distillers grains supply the recommended 30% crude protein level, are readily available, and often are favorably priced compared with more traditional feedstuffs. With the rising costs of inputs in today’s cow-calf sector, reducing cost is necessary to maintain viability of the national cowherd. Reducing the frequency of supplementation results in less labor and fuel use, effectively reducing input costs; however, this is viable only as long as cow performance is maintained at acceptable levels. Therefore, the objective of this study was to examine the effects of infrequent supplementation of dried distillers grains with solubles on cow body weight and body condition score

Washington\u27s War on the Visibly Poor: A Survey of Criminalizing Ordinances & Their Enforcement

Throughout the country, cities increasingly enact laws that punish behaviors necessary for survival. For those without shelter, there is no alternative but to conduct these behaviors in public. Camping outdoors, sleeping, going to the bathroom, receiving food, sitting or lying down on sidewalks — these laws target homeless people either in practice or outright. But until now, no one knew how widespread these laws are throughout Washington State, or how they are being enforced. This brief answers these questions. HRAP researchers surveyed the municipal codes of seventy-two cities across Washington to identify ordinances that essentially criminalize homelessness in each jurisdiction. From this survey, researchers created a chart tracking every ordinance they could find. Seven of the cities were selected as case studies for closer examination of the enforcement and citations of these ordinances. The findings reveal that homeless criminalization exists regardless of where you live. From densely populated urban cities to scattered rural townships, city councils are increasingly passing these laws, often drafting them in a way that raises serious legal and policy concerns about how Washington treats its most vulnerable residents. This brief shines a spotlight on the problems with these laws: how they are written, how they impact the homeless community, and how easily cities can fall into the trap of vilifying already vulnerable populations in the name of safety and public health. This report shows that the problem of criminalizing homelessness, so often buried in municipal codes, is both widespread and systemic. Keywords: public space, homelessness, race, gender, sexual orientation, sexual identity, LGBTQ, homeless, poverty, constitutional rights, civil rights, human rights, criminalization, neolibera

Calf health and performance during receiving is not changed by fence-line preconditioning on flint hills range vs. drylot preconditioning

Ranch-of-origin preconditioning can improve the welfare and performance of beef calves by decreasing the stress associated with weaning, transport, diet change, and commingling with other calves. Preconditioning methods that involve pasture weaning coupled with maternal contact (i.e., fence-line weaning) have been promoted as possible best management practices for minimizing stress. Prior studies focused on performance and behavior during preconditioning on the ranch of origin. Little information has been published relating to carryover effects of fence-line preconditioning compared with conventional drylot preconditioning on performance and behavior during feedlot receiving. Our objectives were to measure growth and health during a 28-day ranch-of-origin preconditioning phase and during a 60-day feedlot receiving phase among beef calves subjected to 1 of 3 ranch-of-origin preconditioning programs: (1) drylot preconditioning + dam separation, (2) pasture preconditioning + fence-line contact with dams, and (3) pasture preconditioning + fence-line contact with dams + supplemental feed delivered in a bunk. In addition, we recorded incidences of behavioral distress among these treatments during first 7 days of feedlot receiving

University Evolution Education: The Effect of Evolution Instruction on Biology Majors’ Content Knowledge, Attitude Toward Evolution, and Theistic Position

Issues regarding understanding of evolution and resistance to evolution education in the United States are of key importance to biology educators at all levels. While research has measured student views toward evolution at single points in time, few studies have been published investigating whether views of college seniors are any different than first-year students in the same degree program. Additionally, students choosing to major in biological sciences have largely been overlooked, as if their acceptance of evolution is assumed. This study investigated the understanding of evolution and attitude toward evolution held by students majoring in biological science during their first and fourth years in a public research university. Participants included students in a first-year introductory biology course intended for biological science majors and graduating seniors earning degrees in either biology or genetics. The portion of the survey reported here consisted of quantitative measures of students’ understanding of core concepts of evolution and their attitude toward evolution. The results indicate that students’ understanding of particular evolutionary concepts is significantly higher among seniors, but their attitude toward evolution is only slightly improved compared to their first-year student peers. When comparing first-year students and seniors, students’ theistic position was not significantly different

iAt Book Club: How to Think

This book club series features the book, How to Think: A Survival Guide for a World at Odds, by Alan Jacobs. Various voices have contributed to the series as they interacted with one another and responded to the book. Series contributors are Erin Olson, Mary Nickel, Myles Werntz, and Justin Bailey. Access at publisher\u27s site: https://inallthings.org/iat-book-club-how-to-think-round-table-2