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Rolling Down Hill: Qualified Immunity’s Role in Prolonging Mistaken-Identity Arrests

A 1971 Supreme Court Decision of Doubtful Vitality Thwarts § 1983 Liability for Mistaken-Identity Arrests and Stifles Development of Clear Constitutional Rules - Kafka would love qualified immunity.1 Not only does current...more

Carroll v. Trump, Redux: Why Would Congress Want to Have State Law Determine the President's Scope of Employment When the...

The Justice Department’s invited amicus curiae brief in Blassingame v. Trump1 exposes another anomaly in treating the President’s scope of employment as a question of state tort law for purposes of the Westfall Act. In...more

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