Police Use of Force

Online
Essay
A Proposal for Police Reform: Require Effective Accountability Measures in Police Union Contracts as a Condition of Tax-Exempt Status
Brian Mogck
Brian Mogck is a partner in the New York law firm of Walden Macht & Haran LLP. The views expressed are solely his own and do not express the views of the firm, its personnel, or any of its clients.

The author gratefully acknowledges the helpful comments on prior drafts from Derek Borchardt, Daniel Chirlin, Christopher Dioguardi, among other generous readers, and the research assistance of Theodora Danias. All errors are the author’s alone.

In the wake of the May 25 police killing of George Floyd in Minneapolis, government leaders across the nation are urgently considering reforms that might prevent police brutality.

Online
Essay
Making Wilkie Worse: Qualified-Immunity Appeals and the Bivens Question after Ziglar and Hernandez
Bryan Lammon
Bryan Lammon is a professor at the University of Toledo College of Law.

He thanks participants in a breakout session at the Fourth Annual Civil Procedure Workshop. And special thanks, as always, to Nicole Porter.

Qualified immunity is awful. It inhibits government accountability and precludes recovery for victims of government misconduct. But it’s not just the substantive defense that’s a problem.