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The Lawfare Podcast

Alex Reinert on Qualified Immunity

The Lawfare Podcast

The Lawfare Institute

History, News, National Security, Law, Terrorism, Current Events, Military, International Law, Foreign Policy, Intelligence, International Relations, Politics, Diplomacy, Rule Of Law, Government, Constitutional Law

4.76.4K Ratings

🗓️ 26 March 2021

⏱️ ? minutes

🧾️ Download transcript

Summary

Alexander Reinert is the Max Freund Professor of Litigation & Advocacy at the Benjamin N. Cardozo School of Law, where he teaches and conducts research in civil procedure, constitutional law and federal courts. He is the author of the recent article, "Qualified Immunity on Appeal," an empirical assessment, which provides the most comprehensive study so far of the actual way that courts of appeals have handled qualified immunity cases. He wrote about it in an article on Lawfare entitled, "Unpacking a Decade of Appellate Decisions on Qualified Immunity." He joined Benjamin Wittes on Lawfare Live to discuss qualified immunity, what the doctrine is and where it comes from, how courts handle qualified immunity cases in practice, whether it is as much of a shield as it seems to be for cops, if there is any prospect to reform it at the state or federal level and what the future looks like for the doctrine.

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Transcript

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0:00.0

The following podcast contains advertising to access an ad-free version of the LawFair

0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:32.6

The point of qualified immunity is that there's an objective standard of what the clearly

0:38.6

established law is that should be clear to any reasonable officer and to have the adjudication

0:45.5

of it depend apparently so heavily on some of these other factors suggests that it's

0:54.1

not that stable and it's not that objectively verifiable.

0:59.3

I'm Benjamin Whittiss and this is the LawFair podcast March 26, 2021.

1:06.8

Alexander Rayner is the Max Freund professor of litigation and advocacy at the Benjamin

1:13.9

and Cardoza School of Law where he teaches and conducts research and civil procedure

1:19.8

constitutional law and federal courts.

1:23.2

He is the author of a recent article qualified immunity on appeal and empirical assessment

1:30.3

which provides the most comprehensive study so far of the actual way that courts of appeals

1:37.2

have handled qualified immunity cases.

1:41.1

He wrote about it in an article on LawFair entitled unpacking a decade of appellate decisions

1:47.1

on qualified immunity and he joined me recently on LawFair Live to discuss qualified immunity

1:54.8

before a live audience.

1:57.0

We talked about a lot of things.

1:59.2

What is the doctrine and where does it come from?

2:02.4

How do courts handle qualified immunity cases in practice and is it as much of a shield

...

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