SLR Online


Court Gavel


Is Quasi-Judicial Immunity Qualified Immunity?

by  William Baude  

Has qualified immunity finally found its roots? Scott Keller’s Qualified and Absolute Immunity at Common Law shows the breadth and complexity of nineteenth century case law dealing with official immunities. But its most important claim, for today’s purposes, is the claim to find a historical basis for a doctrine of qualified immunity: an immunity from suit given to all government officials (including, but not only, the police) whenever they are sued for violating the Constitution. According to Keller, “the common law definitively accorded at least qualified immunity to all executive officers’ discretionary duties” in 1871, when Congress passed the civil rights statute now codified as 42 U.S.C. §1983. This would be very important if it were true. But it is not.

Volume 74 (2021-2022)

Medical stethoscope on a modern laptop


Medical Civil Rights as a Site of Activism

A Reply to Critics
by  Craig Konnoth  

Many continue to diagnose civil rights problems and their solutions using medical frames. Are these policymakers, backed by activists, wrong to do so? The answer, according to legal scholarship that has explicitly considered the question, seems to be yes. While the legal scholarship has emphasized the harms of using medical discourse, it has not explicitly considered its benefits across social movements—and there are several. Rather than suggest that these activists have miscalculated, this Reply seeks to understand why activists and policymakers have deployed medical frames. Further, recognizing that medical discourse and the rights—and burdens—it produces are malleable, this Reply seeks to explore ways in which to further its social justice possibilities.

Volume 73 (2020-2021)



The Obama Justice Department’s Merger Enforcement Record

A Reply to Baker and Shapiro
by  Daniel A. Crane  

This Essay is a reply to Jonathan B. Baker & Carl Shapiro’s Evaluating Merger Enforcement During the Obama Administration.

Volume 65 (2012-2013)