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Awful Qualified Immunity Cases

Advisory Opinions

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The State Created Danger Doctrine

The doctrine is rooted at least in large part in substantive due process. If you were a litigant and you were trying to articulate a theory of constitutional liability, substantive due process was sort of like the wide open gate. And then all of a sudden, not all of a suddenly, but over time, the composition of the court changes. It isn't any longer the kind of court that existed that expand substantive due process instead it's a more originalist slash textualist court.

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