This article examines and defends a procedural rule that figures prominently in constitutional tort litigation, has drawn sharp criticism from the federal judiciary, and seems to have lost the support of at least four sitting Supreme Court Justices. In order to recover damages, plaintiffs must not only prove a constitutional violation but also fend off assertions of official immunity. In ruling on motions to dismiss the complaint and motions for summary judgment, a preliminary question is the sequence in which the two issues should be addressed-a problem the Justices call the order-of-battle. Morse v. Frederick, the Bong Hits Jesus case, illustrates the issue. This Article examines the constitutional avoidance objection to Saucier and ...
The frequently criticized reluctance of the Supreme Court to consider complaints of unconstitutional...
In this article, I argue that state sovereign and official immunities, insofar as they bar recovery ...
As part of a symposium on new affirmative visions of the judicial role, this essay takes on the Supr...
This article examines and defends a procedural rule that figures prominently in constitutional tort ...
The Supreme Court’s decision in Pearson v. Callahan ended an eight-year experiment in the adjudicati...
The Supreme Court’s elimination of the subjective element of the qualified immunity defense in const...
It has been surprisingly difficult to extricate constitutional litigation from torts. In this Articl...
Government officers may harm persons in many ways. When an official inflicts a physical injury, caus...
This Article advocates that the Supreme Court recalibrate the avoidance canon used in Erie cases in ...
This article contends that, for purposes of settling the law, courts entertaining civil rights lawsu...
A great deal of scholarly attention is devoted to constitutional rights and comparatively little to ...
Scholars have criticized the Court\u27s qualified immunity decision in Pearson v. Callahan on the gr...
The thesis of this Article is that both the Supreme Court and its critics have failed to identify an...
This paper provides an empirical analysis of the impact of the approach to qualified immunity that t...
The cause of action for damages to redress violations of constitutional rights is now firmly establi...
The frequently criticized reluctance of the Supreme Court to consider complaints of unconstitutional...
In this article, I argue that state sovereign and official immunities, insofar as they bar recovery ...
As part of a symposium on new affirmative visions of the judicial role, this essay takes on the Supr...
This article examines and defends a procedural rule that figures prominently in constitutional tort ...
The Supreme Court’s decision in Pearson v. Callahan ended an eight-year experiment in the adjudicati...
The Supreme Court’s elimination of the subjective element of the qualified immunity defense in const...
It has been surprisingly difficult to extricate constitutional litigation from torts. In this Articl...
Government officers may harm persons in many ways. When an official inflicts a physical injury, caus...
This Article advocates that the Supreme Court recalibrate the avoidance canon used in Erie cases in ...
This article contends that, for purposes of settling the law, courts entertaining civil rights lawsu...
A great deal of scholarly attention is devoted to constitutional rights and comparatively little to ...
Scholars have criticized the Court\u27s qualified immunity decision in Pearson v. Callahan on the gr...
The thesis of this Article is that both the Supreme Court and its critics have failed to identify an...
This paper provides an empirical analysis of the impact of the approach to qualified immunity that t...
The cause of action for damages to redress violations of constitutional rights is now firmly establi...
The frequently criticized reluctance of the Supreme Court to consider complaints of unconstitutional...
In this article, I argue that state sovereign and official immunities, insofar as they bar recovery ...
As part of a symposium on new affirmative visions of the judicial role, this essay takes on the Supr...