Qualified and Absolute Immunity at Common Law
This PDF covers topics related to Common Law and is a article that
provides the first comprehensive review of the common law on state-officer
immunities around 1871. In particular, it canvasses the four nineteenth century
treatises that the Supreme Court consults in assessing officer immunities under
the common law of 1871: Cooley’s 1879 Law of Torts, Bishop’s 1889 Commentaries
on Non-contract Law, Mechem’s 1890 Law of Public Offices and Officers, and
Throop’s 1892 Law Relating to Public Officers. Not only do these treatises
collect many overlooked state common law precedents, but they rely heavily on
the Supreme Court’s own, often ignored, nineteenth-century decisions.
Author(s): Scott A. Keller, Stanford Law
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64 Pages