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- Title
Qualified Immunity and the Right to Petition: How Avoiding Litigation Abridges a Core Constitutional Right.
- Authors
Dodson, Wes
- Abstract
This Note argues that the Supreme Court's litigation-avoidance approach to qualified immunity abridges the right to petition. In particular, this Note reviews the historical role of litigation in the private petitioning process and demonstrates that litigation has often played a preliminary or facilitating role in the right to petition. The Supreme Court's modern approach to resolving questions of immunity at the earliest possible stage of litigation, then, abridges the right to petition by not allowing litigation to serve this preliminary role. This Note is the first piece of scholarship to thoroughly review the role that litigation has played in facilitating the right to petition. It is also one of the few pieces of scholarship that traces the private right to petition back to its origins in the medieval period. Finally, it is one of the few pieces of scholarship that applies the right to petition to a modern issue: qualified immunity.
- Subjects
RIGHT of petition; QUALIFIED immunity of public officers; ACTIONS &; defenses (Law); CIVIL rights; UNITED States. Supreme Court
- Publication
Texas Law Review, 2024, Vol 102, Issue 3, p605
- ISSN
0040-4411
- Publication type
Article