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29 Aug 2018, 7:46 am
The Notre Dame Law Review recently published a symposium issue entitled Federal Courts, Practice & Procedure: The Future of Qualified Immunity, which includes pieces by Sam Bray, Joanna Schwartz, Aaron Nielson & Chris Walker, Karen Blum, Alan Chen, Jack Preis,... [read post]
7 Aug 2018, 7:25 pm
Work by Professors William Baude and Joanna Schwartz influenced Justice Brent Appel, who wrote the dissent. [read post]
12 Jul 2018, 4:29 pm
The brief was also signed by Karen Blum, Alen Chen, Barry Friedman, John Preis, Joanna Schwartz, and Fred Smith. [read post]
30 Jun 2018, 2:50 pm
Many of our readers were interested in Joanna Schwartz's recent posts on rethinking qualified immunity, so I thought I'd note that yesterday the Iowa Supreme Court considered the closely related question of qualified immunity in state constitutional lawsuits (Baldwin v. [read post]
21 Jun 2018, 4:48 pm
For instance, some scholars (including last week's guest Joanna Schwartz, and me) have critcized the Court's doctrine of qualified immunity from suits for constitutional violations, a doctrine created by the Court in the second half of the twentieth century. [read post]
21 Jun 2018, 3:30 am
In a recent article, Professor Joanna Schwartz showed that officer indemnity is, in fact, nearly universal. [read post]
15 Jun 2018, 5:01 am
My posts this week, based on a forthcoming article excerpted here, have made several arguments against qualified immunity. [read post]
14 Jun 2018, 7:12 am
As I have argued over the past three days, the Supreme Court's qualified immunity doctrine is ungrounded in history, unnecessary or ill-suited to serve its intended policy goals, and counterproductive to interests in holding government wrongdoers responsible when they have violated the law. [read post]
13 Jun 2018, 7:06 am
Over the past two days, and in a forthcoming article excerpted here, I have argued that qualified immunity doctrine cannot be justified by its supposed common law roots, or its more recent policy justifications. [read post]
12 Jun 2018, 5:10 pm
Two recent posts by Joanna Schwartz at The Volokh Conspiracy illuminate the topic. [read post]
12 Jun 2018, 9:20 am
[UPDATE: This post was again misattributed to me at first, but I think it's a technical glitch; investigating, but in the meantime it should now show up properly as Joanna's.] [read post]
11 Jun 2018, 6:43 am
[UPDATE, from Eugene Volokh: When I first posted this, I inadvertently failed to change the author name to Joanna's; I've now corrected that.] [read post]
11 Jun 2018, 6:35 am
I'm delighted to report that my UCLA School of Law colleague Joanna Schwartz will be guest-blogging this week about her forthcoming Notre Dame Law Review article, The Case Against Qualified Immunity. [read post]
2 Jun 2018, 4:52 am
On the empirical front, Joanna Schwartz has done groundbreaking work at the district-court level that calls into question qualified immunity’s effect at shielding government officials from discovery and trial. [read post]
29 May 2018, 3:18 pm
Joanna C. [read post]
30 Mar 2018, 5:21 am
Eagly and Joanna C. [read post]
19 Mar 2018, 7:35 am
At JOTWELL, Nora Freeman Engstrom reviews Joanna Schwartz's The Cost of Suing Business. [read post]
16 Mar 2018, 3:30 am
Joanna C. [read post]
26 Feb 2018, 4:00 am
Din Revisited, (February 2018).Joanna C. [read post]
23 Feb 2018, 5:22 pm
Howard reviews Joanna Schwartz’s recent article, How Qualified Immunity Fails, 127 Yale L.J. 2 (2017). [read post]