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Unfair laws / Why judges should be originalists (William Baude)

Rationally Speaking Podcast

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Is There a Qualified Immunity Solution?

There are plenty of cases where officers have time to think about it and they still do the wrong thing. I understand that logic in theory, but in practice, it seems like we don't actually the qualified immunity solution to that problem. Can't be ideal, because we don't aply that to lots of other contexts where in theory it should apply, like medicine. Why are we applying this much, much more lenient rule to the case of cops and not surgeons? Right? Good. So first of all, i'm not sure. It might be that the judges who have developed qualified immunity would also apply that doctrine if they got the chance to develop that doctrine for medical mal practice suits

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