135) In this regard, the IAALS finds itself in the company of some of the most prominent procedure scholars of our time.
As the IAALS put it, the one-size-fits-all approach of the Civil Rules "is bloated and has no scaled-down version for cases demanding less expenditure.
The IAALS is one of the groups urging structural reform to control the cost of discovery.
The IAALS and the ACTL have taken pains lately to distance themselves from the plausibility test of Twombly (275) and Iqbal (276) and also to emphasize that the point of their proposal urging fact-based pleading is not to limit court access but to control discovery.
286) The IAALS Civil Case-flow Management Guidelines also suggest that judges develop subject-based case-management protocols by "categorizing cases by type in a way that would presume a certain level of judicial involvement for certain types of cases.
322) The IAALS Pilot Project Rules (323) share the view that the existing Civil Rules create a default structure that is too big and costly.
Implicit (if not explicit) in the Subrin and IAALS proposals is the idea that, whether intended as such or not, the Civil Rules are in fact designed for the most complex cases.
Although the IAALS disclaims any intent to restrict court access based on the pleadings, their main pleading-reform proposal may in fact result in additional dismissals at the pleading stage.
accomplishes the goals that the IAALS sets out for them.
Somewhat oddly, the IAALS cites these state figures in a document
to a form of fact pleading, which the IAALS also supports.