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Short Circuit 403 | Strict Liability for Civil Rights Violations

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Manage episode 520500884 series 3549279
Content provided by Institute for Justice. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Institute for Justice or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

In a special episode, IJ’s Anya Bidwell interviews Matteo Godi of USC Law about his new article “Section 1983: A Strict Liability Statutory Tort.” Professor Godi provocatively argues that the basis of most modern civil rights litigation—originally part of the Civil Rights Act of 1871 and today known as “Section 1983”—should be interpreted as a strict liability cause of action. Anya has him discuss how the Supreme Court has erroneously imposed state-of-mind requirements in civil rights litigation in sharp contrast to the original scheme that he contends the Reconstruction Congress designed. Qualified immunity is one, but only one, example stemming from this error. The interview also covers additional recent developments in scholarship about Section 1983 and how Professor Godi’s proposal would work as a practical matter.

Section 1983: A Strict Liability Statutory Tort

Villarreal en banc with Oldham concurrence

  continue reading

300 episodes

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iconShare
 
Manage episode 520500884 series 3549279
Content provided by Institute for Justice. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Institute for Justice or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

In a special episode, IJ’s Anya Bidwell interviews Matteo Godi of USC Law about his new article “Section 1983: A Strict Liability Statutory Tort.” Professor Godi provocatively argues that the basis of most modern civil rights litigation—originally part of the Civil Rights Act of 1871 and today known as “Section 1983”—should be interpreted as a strict liability cause of action. Anya has him discuss how the Supreme Court has erroneously imposed state-of-mind requirements in civil rights litigation in sharp contrast to the original scheme that he contends the Reconstruction Congress designed. Qualified immunity is one, but only one, example stemming from this error. The interview also covers additional recent developments in scholarship about Section 1983 and how Professor Godi’s proposal would work as a practical matter.

Section 1983: A Strict Liability Statutory Tort

Villarreal en banc with Oldham concurrence

  continue reading

300 episodes

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