Man Charged with Attempted Murder of Justice Kavanaugh
Advisory Opinions
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Do You Just Overturn a Bad Precedent?
Harlby v fitzgerald is what created the qualified immunity standard that we have to day. Inexplicably, harlowe's decided in 19 82, so 11 years after bivins. The court helpfully answers some of these lingering questions. It recognizes our two step inquiry really boils down to a single question: Is there any reason to think congress might be better equipped than a court to weigh the cost and benefit of allowing a damages action to proceed?
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