February 22, 2014

SASHA VOLOKH: What should civil-rights litigation against federal officials look like? Well, it should probably be more frequent, for one thing. . . .

Also, I note that the doctrines of official immunity are judicial inventions without warrant in the Constitution. Such immunities, if they exist at all, should be via legislation, not judicial fiat. This is a species of judicial activism that gets too little attention.