@JCSchwartzProf @MaureenSCarroll Of course. And nothing to do with power, inequality, etc. Just “rules” devoid of any social-political-economic context. Why didn’t someone tell me sooner?
Silver Gavel Award 2024 Winner for Books is Shielded by @JCSchwartzProf. She will be honored at #ABAAnnual on August 3. Add to your reading list #ForAll @ABAPres short.url/aBcXyZ
The @NorthwesternLaw suit seems to have been supported by some inside the law school, people who will soon call @MyriamGilles10 a colleague and learn exactly what she brings to the enterprise. My hope is that they come to regret whatever role they played in this trash. 4/4
The lawsuit against @NorthwesternLaw contains racist & vicious allegations against scholars I have learned from in many ways.Because I have been lucky to be @MyriamGilles10's colleague for 17 years,let me join @klevine02 in speaking specifically to the claims about Myriam. 1/4
.@MyriamGilles10 who is targeted by the pathetic racist Northwestern screed is far and away the overall most talented law professor I have ever come across. She is among the most well respected civil procedure scholars in the country. Moreover, almost every year 1/4
@MyriamGilles10's teaching is extraordinary, as her students will attest. And her service to the law school and the legal community writ large would be hard for anyone to match. She has taught me everything about how to do my job. @CardozoLaw will miss her immeasurably. 3/4
Congratulations to Professors Rebecca Ingber and Pamela Foohey on being elected to The American Law Institute! Rebecca and Pamela will bring their expertise to ALI’s work of clarifying the law through Restatements, Principles, and Model Codes.
#CardozoLaw
Calling all Civ Pro scholars! Reminder that the deadline to submit an abstract to CPW9 is Jan. 19, 2024. Do so here: https://t.co/1FpV6eb5YK. Workshop to be held this summer at @uclawsf in collaboration with @LitCenter
@JCSchwartzProf@ConLawWarrior@pjaicomo@theamirali @AliLockwoodLLP @SIfill_ @ChrisKemmitt Other than not accounting for how perverse QI is in practice, LL’s comment also minimizes the force of substantive 4A doctrine. Even w/o QI, POs get the benefit of the doubt. Deference to split-second decisions etc. It’s just another myth that w/o QI, negligence=liability.
@JCSchwartzProf@ConLawWarrior@pjaicomo@theamirali @AliLockwoodLLP @SIfill_ @ChrisKemmitt Watch and do nothing while an incarcerated person strangles himself to death? Immunity. Shoot a motorist after being ordered by your supervisor not to shoot? Immunity.
@imillhiser@chris_j_walker That’s my thought too, aside from (1) the symbolic/expressive value of naming an individual defendant and (2) whatever limits are implied by a respondent superior regime (as opposed to absolute vicarious liability)
SCOTUS rejects the argument @ p4: “At this initial stage of the case, Tyler need not definitively prove her injury or disprove the County’s defenses. She has plausibly pleaded on the face of her complaint that she suffered injury from the County’s actions, and that is enough.”5/5
SCOTUS’ decision in Tyler v. Hennepin County will get attention for the Court’s rejection of the County’s substantive claim about the limits of the Takings Cause. But let’s not overlook that the Court also rejected the County’s extreme argument about pleading doctrine.1/5
Taken to its logical extreme, this would require plaintiffs not only to allege facts that established their own claims, but also allege facts that would negate every plausible defense. This would be a disaster for civil rights plaintiffs in particular. 4/5
Far too generous words from @JCSchwartzProf (author of "Shielded" which you can find here https://t.co/p7UWJcYn7U). And thanks to @adamliptak for bringing attention to my @CalifLRev article which you can find here: https://t.co/9hUnhJj4MK. Let me add a few other thoughts. 1/4
Second, bc we know that change at the federal level will be slow, if it happens at all, let's not forget that state legislatures can address #QI (and other barriers to civil rights litigation) themselves, as @JCSchwartzProf and Jim Pfander and I have addressed in other work. 3/4