He views the doctrine as likely not authorized by the text of the Civil Rights Act of 1871, or the legal principles that it may have implicitly absorbed; instead, he argues, it was created it just "because of a 'balancing of competing values' about litigation costs and efficiency."
Justice Gorsuch writes for six-justice majority that discrimination based upon sexual orientation or transgender status is sex discrimination under Title VII.
Plus: "Twitter Robespierres," Trump's campaign does a weird flex on a bad poll, and more....
Some progressive activist groups are trying to resuscitate the idea. Whether they succeed remains to be seen.
for all J.D. graduates of law schools accredited by the American Bar Association who are already registered for the July or Sept. 2020 bar exams.
The family of George Floyd probably won't be able to successfully sue Derek Chauvin in civil court because of qualified immunity, but they will help pay for the killer cop's retirement.
Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.
The comedian expresses rage over police brutality while offering optimism for a better world.
Will progressives alienate allies and squander this opportunity for change?
Horseshoeing school, tour guide licensing, and a lawsuit that will not go gentle into that good night.
Citing work from Reason, players and coaches from the NFL, NBA, and MLB are urging Congress to end qualified immunity.
If this is what cities are paying billions for, no wonder people are calling for defunding.
Jonathan Chait's article on progressive intolerance both describes and illustrates the problem.
Plus: Breonna’s Law bans no-knock raids in Kentucky, Amazon's third-party problem, new findings on metabolism, and more...
Leave people room to experiment with approaches to protecting life, liberty, and property.
All that accomplishes is encouraging us to view our fellow Americans as enemies, to see ourselves as members of warring tribes rather than citizens of a nation.
Dean Peñalver defends Jacobson's academic freedom, but adds an entirely gratuitous, and somewhat unfair condemnation of Jacobson's writings.
An interesting draft study by Harvard economics professors Tanaya Devi and Roland G. Fryer Jr.
Rep. Tom McClintock (R–Calif.) announced he will support the Ending Qualified Immunity Act.
If "defunding the police" means abolishing them completely, it's a bad idea. But there are ways to use cuts in funding to improve police incentives for the better.
The Pennsylvania Supreme Court, with one recorded dissent, finally acted on a process that began in 2016.
Responding to a medical alert they knew was erroneous, White Plains officers killed the man they supposedly were trying to help.
American rabbis were strongly in favor of strict "stay at home" policies--until the recent protests started.
It's a perverse kind of progress, but it's progress all the same.
“Officers don’t have the time to pull out law books and analyze the fine points of judicial precedent.”
Plus: "fictional pleas," COVID-19 in migrant detention centers, and more...
After George Floyd’s death, the city will bring in outside advisers to recommend changes to make policing more transparent and accountable.
Early COVID lockdown effects show no significant increases in most crime. In most cases, there were drops.
With Trump opposed too, there's little hope that a serious police reform bill will get through Congress anytime soon.
Is the Capitol Hill Autonomous Zone a brave experiment in self-government or just flash-in-the-pan activism?
The state boasts of blocking 754 illegal purchases, but it wrongly tagged 101,047 law-abiding people as prohibited. Any of them could have been targeted.
Statements by China, Iran, Russia, Venezuela, and North Korea use U.S. violence against protesters and journalists to point out American hypocrisy on the global stage.
The criminal complaints against Derek Chauvin and three other officers rely on expansive liability principles that reformers usually oppose.
Article IV territorial officers hold “Office[s] under the Authority of the United States,” and are bound by the Sinecure Clause.
Videos of police abuse haven't stopped police brutality. But they've helped build a consensus for police reform.
Celebrate your independence with a subscription to Reason magazine, your most trusted source of honest, insightful news and analysis.
