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Articles by E. Garrett West
Abstract Review in Article III Courts
That federal courts resolve only “Cases” and “Controversies” when assessing the legality of government policies is increasingly a myth. Many cases decided by the federal courts technically resolve legal disputes between the parties and issue remedies designed to redress legal wrongs, but functionally courts resolve important legal issues about the general legality of federal and state legislation, administrative rules, and executive orders.
Statutory Interpretation
Note Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted by Congress, where it differs from original text. This Note’s proposed solution is the “two texts canon.” When applied to Section 1983, the two texts canon demands that qualified… Feature Constitutional torts allow victims of governmental misconduct to seek redress.
Torts Stories After Bivens
In the decade after Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court twice recognized implied causes of action for damages to redress the constitutional torts of federal officials. In the next four decades, the Court declined a dozen more opportunities to recognize such an implied cause of action.
Refining Constitutional Torts
The constitutional tort is one of the most important mechanisms for vindicating constitutional rights. But the doctrine governing such claims is in disarray. A plaintiff suing a state official under § 1983 or a federal officer under Bivens faces a series of hurdles to obtain relief. The Supreme Court has crafted absolute- and qualified-immunity rules based on supposed analogies to common-law immunities.
The Yale Law Journal
Article Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article democratizes our constitutional memory, recovering the erased history of Black political resistance and st… Feature Constitutional torts allow victims of governmental misconduct to seek redress.
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