101 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,900 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. County of Sacramento v. Lewis

    523 U.S. 833 (1998)   Cited 8,717 times   7 Legal Analyses
    Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"
  5. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,538 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment
  6. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,156 times   50 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
  7. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,004 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
  8. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,690 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
  9. Price Waterhouse v. Hopkins

    490 U.S. 228 (1989)   Cited 4,612 times   161 Legal Analyses
    Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"
  10. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,638 times   4 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,675 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,319 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,463 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  14. Section 1681 - Sex

    20 U.S.C. § 1681   Cited 4,372 times   79 Legal Analyses
    Referencing application of Title IX prohibitions to school admissions
  15. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,253 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  16. Rule 5.2 - Privacy Protection For Filings Made with the Court

    Fed. R. Civ. P. 5.2   Cited 4,243 times   8 Legal Analyses
    Stating party waives privacy protection for own information by filing not under seal
  17. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   146 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement
  18. Section 1682 - Federal administrative enforcement; report to Congressional committees

    20 U.S.C. § 1682   Cited 226 times
    Providing that a federal agency may terminate funding only after it "has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means"
  19. Section 13925 - Transferred

    42 U.S.C. § 13925   Cited 19 times   2 Legal Analyses

    42 U.S.C. § 13925 EDITORIAL NOTES CODIFICATIONSection 13925 was editorially reclassified as section 12291 of Title 34, Crime Control and Law Enforcement.

  20. Section 106.31 - Education programs or activities

    34 C.F.R. § 106.31   Cited 43 times   3 Legal Analyses
    Prohibiting institutions covered by Title IX from "[s]ubject[ing] any person to separate or different rules of behavior, sanctions, or other treatment"
  21. Section 106.33 - Comparable facilities

    34 C.F.R. § 106.33   Cited 40 times   16 Legal Analyses

    A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. 34 C.F.R. §106.33 45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020

  22. Section 54.410 - Comparable facilities

    28 C.F.R. § 54.410   Cited 1 times

    A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. 28 C.F.R. § 54.410

  23. Section 54.400 - Education programs or activities

    28 C.F.R. § 54.400

    (a)General. Except as provided elsewhere in these Title IX regulations, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient that receives Federal financial assistance. Sections 54.400 through 54.455 do not apply to actions of a recipient in connection with admission of its students to