Articles, notes, and symposia pieces published in CLR’s print volumes.

Print Edition

Article, Volume 107, June 2019, Richard H. Fallon Jr. California Law Review Article, Volume 107, June 2019, Richard H. Fallon Jr. California Law Review

Bidding Farewell to Constitutional Torts

The Supreme Court displays increasing hostility to constitutional tort claims. Although the Justices sometimes cast their stance as deferential to Congress, recent cases exhibit aggressive judicial lawmaking with respect to official immunity. Among the causes of turbulence in constitutional tort doctrine and the surrounding literature is a failure—not only among the Justices, but also among…

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