Judge-made tort law that furnishes remedies for official wrongdoing, including constitutional
violations, is as old as the Constitution itself. The Supreme Court's most famous …

Qualified immunity regularly shields government officials from monetary liability when they
violate others' constitutional rights. Even if an innocent person has suffered serious …

Qualifiel immunity, as John Jeffries has remarked, is" the most important doctrine in the law
of constitutional torts." 1 That is because it shields a government official from a civil suit for …

The Supreme Court has increasingly considered a particular kind of argument: that it should
avoid reaching decisions that would" open the floodgates of litigation." Despite its frequent …

BOSTON UNIVERSITY LA W REVIEW separation ofpowers and due process are
superficially served by this rule, they too crumble in the face of serious scrutiny. Although …

This Article describes and interrogates a phenomenon of spillovers across remedies—how
the legal standards governing the availability of remedies in cases regarding executive …

F EDERAL common law causes of action-actions created neither by Congress nor by state
law-have long generated debate among judges and scholars. In Erie Railroad Co. v …

ABSTRACT The Alien Tort Statute (ATS), enacted in 1789 as part of the first Judiciary Act,
provides that"[the district courts shall have original jurisdiction of any civil action by an alien …

Litigation challenging the national security actions of the federal government has taken a
seemingly paradoxical form in recent years. Prospective coercive remedies like injunctions …

Defining the scope of the Constitution's application outside US territory is more important
than ever. In February, the Supreme Court heard oral argument about whether the …