This is the fifth and final post in a series on The Fair Notice Rationale for Qualified Immunity. Thanks so much to Eugene and the other conspirators for letting me post, and to you for reading to the bitter end! Yesterday I said that there are some cases where the […]
Liability
Why Constitutional Liability Is Generally Less Fair …
This is the third in a series of posts on my forthcoming article The Fair Notice Rationale for Qualified Immunity. Yesterday I explained why liability that is unpredictable from a defendant’s standpoint is unfair: just like retroactive law, it deprives the defendant of the ability to plan, and treats her […]