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Arriving At Clearly Established: The Taser Problem And Reforming Qualified Immunity Analysis In The Ninth Circuit, Kate Seabright
Arriving At Clearly Established: The Taser Problem And Reforming Qualified Immunity Analysis In The Ninth Circuit, Kate Seabright
Washington Law Review
Federal law allows private citizens to bring civil suits against government officials who violate their constitutional rights while acting under the color of state law. The doctrine of qualified immunity shields officials from liability when their conduct does not violate clearly established constitutional rights. When determining whether a right was clearly established at the time of a particular injury, the Ninth Circuit purportedly looks to whatever decisional law is available to inform its analysis. This Comment examines recent Taser-related cases to show that, in practice, courts in the Ninth Circuit actually take two divergent approaches. Some look only to binding, …
Arriving At Clearly Established: The Taser Problem And Reforming Qualified Immunity Analysis In The Ninth Circuit, Kate Seabright
Arriving At Clearly Established: The Taser Problem And Reforming Qualified Immunity Analysis In The Ninth Circuit, Kate Seabright
Washington Law Review
Federal law allows private citizens to bring civil suits against government officials who violate their constitutional rights while acting under the color of state law. The doctrine of qualified immunity shields officials from liability when their conduct does not violate clearly established constitutional rights. When determining whether a right was clearly established at the time of a particular injury, the Ninth Circuit purportedly looks to whatever decisional law is available to inform its analysis. This Comment examines recent Taser-related cases to show that, in practice, courts in the Ninth Circuit actually take two divergent approaches. Some look only to binding, …
The Emerging Structures Of Socialist Constitutionalism With Chinese Characteristics: Extra-Judicial Detention And The Chinese Constitutional Order, Larry Catá Backer, Keren Wang
The Emerging Structures Of Socialist Constitutionalism With Chinese Characteristics: Extra-Judicial Detention And The Chinese Constitutional Order, Larry Catá Backer, Keren Wang
Washington International Law Journal
China is developing its own distinctive path towards socialist constitutionalism and rule of law, one that reflects China's history and its unique circumstances but also conforms to the general principles of transnational constitutionalism. The Chinese constitutional order is grounded on a principal of separation of powers that distinguishes between an administrative power assigned to the government and a political authority assigned to the Chinese Communist Party (“CCP”). This constitutional order is reflected in two related but distinct legal contexts—laojiao (the system of administrative detentions, re-education through labor, or “劳动教养”) and shuanggui (the system of intra-CCP discipline of its cadres, …
Washington State's Mandate: The Constitutional Obligation To Fund Post-Secondary Education, Adam Sherman, Hugh Spitzer
Washington State's Mandate: The Constitutional Obligation To Fund Post-Secondary Education, Adam Sherman, Hugh Spitzer
Washington Law Review Online
This essay focuses on the provisions of the Washington State Constitution that address post-secondary education. It argues that, understood in the historical context in which those sections were drafted, Washington has a constitutional obligation to support and fund its institutions of higher learning. The essay describes the historical development of education systems in the United States, with particular attention paid to the funding of those systems. It then shows that (1) the language of Articles IX and XIII of Washington’s constitution are closely related, (2) Article IX’s “general and uniform system of public schools” was meant to include both normal …