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Full-Text Articles in Legal History
Qualified Immunity’S Flawed Foundation, Alexander A. Reinert
Qualified Immunity’S Flawed Foundation, Alexander A. Reinert
Faculty Articles
Qualified immunity has faced trenchant criticism for decades, but recent events have renewed focus on this powerful defense to liability for constitutional violations. This Article takes aim at the roots of the doctrine—fundamental errors that have never been excavated. First, this Article demonstrates that the Supreme Court’s qualified immunity jurisprudence is premised on a flawed application of a dubious canon of statutory construction—namely, that statutes in “derogation” of the common law should be strictly construed. Applying the Derogation Canon, the Court has held that 42 U.S.C. § 1983’s silence regarding immunity should be taken as an implicit adoption of common …
Dean Melanie Leslie's Remarks For The Launch Of Women's Votes, Women's Voices: The 19th Amendment At 100, Melanie B. Leslie
Dean Melanie Leslie's Remarks For The Launch Of Women's Votes, Women's Voices: The 19th Amendment At 100, Melanie B. Leslie
Faculty Speeches & Presentations
On June 4, 2019, Benjamin N. Cardozo School of Law launched Women's Votes, Women's Voices: The 19th Amendment at 100. Women's Votes, Women's Voices is a year of celebration and scholarly discussion marking one hundred years of the 19th Amendment, which prohibited states from denying citizens the right to vote on the basis of sex, though not all women would have the same ability to vote or to make their voices heard. Bookended by the anniversaries of the passage of the amendment in June 1919 and its ratification in August 1920, #19at100 will commemorate these historical milestones with interactive …