🔥Telegram İfşa

Our Latest Podcast: Excessive Fines and the IRS With Jacob Harcar & Sam Gedge! Watch here and subscribe to our YouTube channel! youtube.com/watch?v=WXOo0j…

PrawfsBlawg: JOTWELL: Pfander on West on constitutional torts buff.ly/4j7ou77

THE U.S. SUPREME COURT HAS GRANTED CERT IN Institute for Justice CASE MARTIN V. UNITED STATES!!!

Congrats to my Institute for Justice colleague, Jacob Harcar, on the publication of his very important scholarship on the original meaning of Section 1983, which provides *even more* evidence that #QualifiedImmunity has no place in American law.

Excellent read. And such an important issue. Congress never wanted common law immunities to apply to Section 1983. The Court has absolutely been wrong about this since Tenney, when it didn’t even look at the original text & it just got worse in Pierson, Imbler, & Harlow.

I wish Institute for Justice could take credit for this, but Jacob wrote it on his own before coming to us. Demonstrates what excellent work law students & recent grads can do. And kudos to Kansas Law Review for accepting it!

Excited to share my first attempt at legal scholarship, which looks at the interplay b/w constitutional rights & remedies. In brief, this paper explores what happens when federal officers infringe on constitutional rights, particularly in the context of the 4A...

ATTN: LAW REVIEWS My Institute for Justice colleague Daniel Nelson & I have submitted our article "Section 1983 (Still) Displaces Qualified Immunity." Building on the work of William Baude & Alex Reinert, we trace the history of #QualifiedImmunity and import of its lost "Notwithstanding Clause." 1/

I just submitted my article, "The Federal Courts Jurisprudence of Justice Clarence Thomas," which is in need of a good law review home. I explore the writings of Justice Thomas in several areas which make up federal courts/federal jurisdiction.

Smitherman on a General Law Grounding for the Party Presentation Principle, buff.ly/4jUHRkv - Owen Smitherman has posted Grounding the Party Presentation Principle on SSRN.

Our Latest Podcast: I Love You But Can't With Paul Sherman & Bobbi Taylor! youtu.be/Eoq1nR5sUSg?si…

Gratitude & applause to the amazing Lawrence Solum, who has not only done defining work on originalism (& other things), but who also organizes, curates, comments on, improves, & promotes academic work in law. A massive public service, done with unfailing generosity & kindness.

The Kansas Law Review has published Vol. 73, Issue 2! Thank you to our excellent editorial staff for the countless hours spent on this issue and the authors of these pieces! These articles are currently available on Lexis, Westlaw, and on our website.

Thread! Tomorrow, I'll be arguing a case before the Pennsylvania Supreme Court about whether the state constitution allows game wardens to search private land without a warrant. The case involves a terrible rule called the "open fields doctrine."

Our Latest Podcast: VHS Privacy With Kirby Thomas West & Jacob Harcar! youtu.be/_HZSMlRNNY4?si…

Making state constitutional claims? Make sure you're familiar with originalism! Even if you're not "an originalist." As I argue in @StateCourtRpt lawyers all too often waive state con law arguments. Using originalist methods helps prevent that. 1/2 statecourtreport.org/our-work/analy…

In the Brennan Center's State Court Report I outline what "natural rights" are in state constitutional law & then review some recent action in that area. Natural rights go by other names, such as "inherent" or "unalienable" & often they're enumerated too. 1/2

Richard Fallon, In Memoriam, buff.ly/6WxLugJ - A tribute to the great scholar and dear friend.