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From:Notre Dame Law Review (Vol. 96, Issue 5)In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy was subject to an exacting special factors analysis when the claim arises in a "new context." In Ziglar itself, the Court...
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From:Stanford Law Review (Vol. 72, Issue 3) Peer-ReviewedIn Bivens v. Six Unknown Named Agents, the Supreme Court held that federal law creates a right to sue federal officials for Fourth Amendment violations. For the last three decades, however, the Court has cited the...
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From:William and Mary Law Review (Vol. 53, Issue 5) Peer-ReviewedABSTRACT Although the Eighth Amendment's prohibition on "cruel and unusual" punishment means different things in different contexts, it plainly forecloses state and federal actors from choosing ex ante to impose a...
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From:University of Pennsylvania Law Review (Vol. 162, Issue 7)"Our attitude towards pleading formalities will be largely determined by what we expect of the pleadings." --Hon. Charles E. Clark (1) INTRODUCTION Twenty-five years ago, at a conference held at Northeastern...
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From:Stanford Law Review (Vol. 62, Issue 3) Peer-ReviewedIn Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Supreme Court hem that the Federal Constitution provides a cause of action in damages for violations of the Fourth Amendment...
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From:William and Mary Law Review (Vol. 62, Issue 1) Peer-ReviewedTABLE OF CONTENTS INTRODUCTION Nothing inspires the human imagination quite like outer space. How many people have laid on their backs on a dark, clear night and gazed up at the stars above? The vast expanse of outer...
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From:Law and Contemporary Problems (Vol. 75, Issue 1) Peer-ReviewedI INTRODUCTION The federal pleading standards announced in Ashcroft v. Iqbal (1) and Bell Atlantic Corp. v. Twombly (2) have occupied the attention of academics, jurists, and practitioners since their...
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From:Notre Dame Law Review (Vol. 93, Issue 5)Qualified immunity doctrine is complex and important, and for many years it was assumed to have an outsize impact on civil rights cases by imposing significant barriers to success for plaintiffs. Recent empirical work...
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From:Notre Dame Law Review (Vol. 93, Issue 3)Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional...
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From:Washington University Law Review (Vol. 90, Issue 5)ABSTRACT In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics suit against employees of a privately run federal...
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From:Human Rights (Vol. 41, Issue 1)Must one wait some appropriate period of time before advocating for the Supreme Court to overrule a prior precedent? Is the answer to this question a matter of both proper legal etiquette and pragmatism? These are the...
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From:Fordham Urban Law Journal (Vol. 36, Issue 1)
Eighth Amendment gaps: can conditions of confinement litigation benefit from proportionality theory?
INTRODUCTION The Eighth Amendment, by its plain terms, prohibits "excessive" fines and "cruel and unusual punishments." (1) This Article addresses two aspects of Eighth Amendment jurisprudence: classic conditions of...