Samuel Beswick, ‘Equality Under Ordinary Law’, 106 Supreme Court Law Review (forthcoming, 2024) available on SSRN (November 9, 2023). The Supreme Court oversees a system of government accountability that has attracted a range of familiar and persuasive criticisms. Rather than basing liability on generally applicable legal principles, the Court has applied doctrines of sovereign and official immunity that block many of the suits brought by victims of undue government violence. The Court has sought to balance the interests of the public in assuring zealous law enforcement and the interests of the victims in securing redress when excessive zeal results in injuries. Few believe that the Court has struck the proper balance … (more)
[James E Pfander, JOTWELL, 5 February 2024]
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