Death By a Thousand Cuts | Season 2, Ep. 2

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For victims of government misconduct, whether you can sue the officials who violated your constitutional rights often depends on whether the officials are federal, state, or local government employees. On Episode 2, we look at federal officials. We’ll head out to Wyoming where a rancher subjected to a 12-year campaign of harassment found out the hard way that all too often the Constitution simply isn’t enforceable against federal officials.

Click here for transcript.

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Guests

Erwin Chemerinsky, Berkeley Law

Karen Budd-Falen, The Falen Law Offices

James Pfander, Northwestern Law

Michael Ramsey, University of San Diego School of Law

Stephen Vladeck, Texas Law

Resources

James Pfander, Alexander Reinert & Joanna Schwartz, The Myth of Personal Liability: Who Pays When Bivens Claims Succeed

Carlos Manuel Vázquez & Stephen Vladeck, State Law, the Westfall Act, and the Nature of the Bivens Question 

Erwin Chemerinsky, Closing the Courthouse Door

Laurence Tribe, Death by a Thousand Cuts: Constitutional Wrongs Without Remedies After Wilkie v. Robbins

Wilkie v. Robbins

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