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Do We Need Qualified Immunity?
MP3•Episode home
Manage episode 436683706 series 1782649
Content provided by The Federalist Society. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Federalist Society or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
Qualified immunity is perhaps the nation’s most controversial legal doctrine. Proponents say qualified immunity is necessary to give government officials—especially police—breathing room to act in split-second situations without fear of lawsuits. By requiring that a right be “clearly established” before an official can be sued for violating it, the doctrine is supposed to ensure officials have notice of what conduct to avoid before they put a foot wrong. Meanwhile, critics argue that qualified immunity makes it too difficult for victims of government abuse to pursue justice and too often protects officials who have egregiously violated the Constitution, all while failing to put officials on notice. And now new Institute for Justice research finds that the doctrine shields a wide array of government officials and conduct, including premeditated First Amendment retaliation. Join us as we consider these two perspectives on qualified immunity and seek an answer to the question, “Do we need qualified immunity?”
Featuring:
Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School
Michael Perloff, Interim Legal Director, ACLU
Moderator: Robert McNamara, Deputy Litigation Director, Institute for Justice
…
continue reading
Featuring:
Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School
Michael Perloff, Interim Legal Director, ACLU
Moderator: Robert McNamara, Deputy Litigation Director, Institute for Justice
1033 episodes
MP3•Episode home
Manage episode 436683706 series 1782649
Content provided by The Federalist Society. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Federalist Society or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
Qualified immunity is perhaps the nation’s most controversial legal doctrine. Proponents say qualified immunity is necessary to give government officials—especially police—breathing room to act in split-second situations without fear of lawsuits. By requiring that a right be “clearly established” before an official can be sued for violating it, the doctrine is supposed to ensure officials have notice of what conduct to avoid before they put a foot wrong. Meanwhile, critics argue that qualified immunity makes it too difficult for victims of government abuse to pursue justice and too often protects officials who have egregiously violated the Constitution, all while failing to put officials on notice. And now new Institute for Justice research finds that the doctrine shields a wide array of government officials and conduct, including premeditated First Amendment retaliation. Join us as we consider these two perspectives on qualified immunity and seek an answer to the question, “Do we need qualified immunity?”
Featuring:
Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School
Michael Perloff, Interim Legal Director, ACLU
Moderator: Robert McNamara, Deputy Litigation Director, Institute for Justice
…
continue reading
Featuring:
Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School
Michael Perloff, Interim Legal Director, ACLU
Moderator: Robert McNamara, Deputy Litigation Director, Institute for Justice
1033 episodes
All episodes
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