Rule of Law Research Reports
Immunity and Accountability
Qualified Immunity, Quantified: How America’s Most Controversial Legal Doctrine Thwarts Civil Rights Plaintiffs
Drawing on the largest study of qualified immunity appeals to date, the authors argue that the doctrine extends far beyond split-second policing decisions and poses substantial obstacles for civil rights plaintiffs. Suggested citation:…
Code Enforcement | Fines and Fees | Private Property
Are Municipal Fines and Fees Tools of Stategraft?
Most, if not all, incorporated communities in the United States have municipal and traffic codes that delineate the powers and duties of local governments or provide rules and regulations for public activity in the…
Immunity and Accountability
Unaccountable
The largest ever study of qualified immunity cases, Unaccountable finds the doctrine shields a wider array of officials and conduct than commonly thought while unacceptably burdening victims of government abuse and failing at its goals.
Immunity and Accountability
Constitutional GPA
Constitutional rights only exist if they can be enforced. But a confusing patchwork of immunity doctrines and special rules often means they cannot be. Chief among the doctrines that prevent constitutional accountability is qualified immunity,…
Immunity and Accountability
Unqualified Immunity and the Betrayal of Butz v. Economou: How the Supreme Court Quietly Granted Federal Officials Absolute Immunity for Constitutional Violations
Betraying the long history of federal accountability in the United States, the modern Supreme Court has ushered in an era of increasingly absolute and unqualified immunity for federal officials.
Immunity and Accountability
50 Shades of Government Immunity
Americans Deserve Their Day in Court: New study ranks states on access to justice and government accountability…
Immunity and Accountability
Recalibrating Qualified Immunity: How Tanzin v. Tanvir, Taylor v. Riojas, and McCoy v. Alamu Signal the Supreme Court’s Discomfort with the Doctrine of Qualified Immunity
Recent decisions by the Supreme Court offer the strongest signal in decades that the Court is ready to recalibrate its qualified immunity jurisprudence.
Code Enforcement | Fines and Fees | Private Property
A Case Study of Municipal Taxation by Citation
This study examines taxation by citation—local governments using code enforcement and the justice system to raise revenue rather than solely to advance public health and safety. It does so through a detailed case study of…
Code Enforcement | Fines and Fees | Private Property
Municipal Fines and Fees
Cities and towns nationwide use their power to enforce traffic, property code and other ordinances to raise revenue rather than solely to protect the public. And, as this report finds, a wide range of state…
Code Enforcement | Fines and Fees | Private Property
The Price of Taxation by Citation
Taxation by citation is when local governments use their power to enforce traffic and other ordinances to raise revenue rather than solely to protect the public. This report explores the phenomenon via case studies of…
