Garrett West
@e_garrett_west
Associate Professor @YaleLawSch. Papers here: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2664340
This paper critiques Pfander & Alley’s reinterpretation of the FTCA, arguing that their textual & historical claims rely on unaddressed questions about the purpose & #theory of official accountability. Read: spkl.io/6010ADh6e Subscribe: spkl.io/6011ADh65 #LawTwitter
Download of the Week: "Taming the Shadow Docket" by West, buff.ly/YlAD2mc - The Download of the Week is Taming the Shadow Docket by E. Garrett West.
Honored to work w/@HarvLRev, @NeilScottSiegel (@TAMULawSchool) & these other amazing scholars 👇 @WilliamBaude, Bradley, Bray, Harrison, @marinklevy, @GillianMetzger2, @PortiaPedro, Pfander, @aar718, Schmidt, Schwartz, @fredosmithjr, Sohoni, @Adam_Steinman & @e_garrett_west
On Oct. 10, HLR will host a Symposium on Judicial Review in Jeopardy? We are delighted to have such distinguished participants and to publish a diverse slate of Symposium Essays next June. Special thanks to co-organizers Texas A&M and Professors Katherine Crocker and Neil Siegel.
Things to Read This Week (6/30) - by William Baude blog.dividedargument.com/p/things-to-re…
On the Supreme Court's dramatic transformation of NEPA law in today's decision in Seven County Infrastructure Coalition v. Eagle County Co: Those of us concerned about the imperative to enable government to function more effectively have frequently mentioned the way the expansion…
West on the Distinction Between Constitutional Private and Public Law, buff.ly/26ftMrk - E. Garrett West (Yale Law School) has posted Constitutional Private Law (103 Wash. U. L. Rev. (forthcoming 2025)) on SSRN.
Prof. Adam Chilton has been appointed dean of @UChicagoLaw, effective July 1. A renowned legal scholar, Chilton said it’s an “extraordinary honor” to lead the school where he’s served as a faculty member since 2014. Learn more: ms.spr.ly/6015SVqGL
🚨🚨New Paper!🚨🚨"The *State* Capacity Crisis" w/@nicholas_bagley. TLDR: Writing about state capacity in the US is too focused on the federal government, missing that state capacity (and its absence) is really a story about state and local governments and their pathologies
Today, Justice Thomas cited my article, Anachronistic Readings of Section 1983, in dissent, expressing desire for "further examination ... as to whether §1983 can provide ... a cause of action." My article (papers.ssrn.com/sol3/papers.cf…) argues that, as an original matter, it did not!
New article, link below! (Sorry, repost, tweaked)
papers.ssrn.com/sol3/papers.cf… (this is the penultimate version--the finalized pagination will be up next month, when the piece is published)
In his Feature, E. Garrett West argues that the doctrinal regime surrounding constitutional torts is in disarray because it vacillates between two conceptions of constitutional rights. He defends a regime that embraces constitutional duties rather than nullification.