Showing Results for
- Academic Journals (28)
Search Results
- 28
Academic Journals
- 28
-
From:Fordham Urban Law Journal (Vol. 37, Issue 4)INTRODUCTION In May 2009, the Supreme Court handed down its decision in a case that could have severely limited the availability of causes of action against federal agents who, in their capacity as government actors,...
-
From:Harvard Law Review (Vol. 131, Issue 1)Neither the Constitution nor the U.S. Code states that a federal official who violates a person's constitutional rights may be sued for damages. In its landmark 1971 decision in Bivens v. Six Unknown Named Agents of...
-
From:Notre Dame Law Review (Vol. 96, Issue 5)This Essay was written for a symposium marking the fiftieth anniversary of the Supreme Court's decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. As the current Court has turned against...
-
From:Case Western Reserve Law Review (Vol. 62, Issue 4) Peer-Reviewed"If the Government becomes a lawbreaker, it breeds contempt for the law...." (1) Many, if not all, Americans would likely agree that state-sponsored torture is wrong. The very notion of state-sponsored torture brings...
-
From:University of Pennsylvania Law Review (Vol. 167, Issue 5)Deciding whether the U.S. Constitution applies abroad is a complicated question and one that is not easily answered by looking at Supreme Court precedent. The problems of the current approach have been highlighted in...
-
From:Notre Dame Law Review (Vol. 96, Issue 5)The doctrine of stare decisis remains a defining feature of American lain despite challenges to its legitimacy and efficacy. Even so, there is space between, the role that stare decisis currently plays and the potential...
-
From:William and Mary Law Review (Vol. 50, Issue 5) Peer-ReviewedINTRODUCTION Frank Robbins owned a ranch and guest lodge in beautiful northwest Wyoming. (1) Robbins did not have a typical American neighbor, as his ranch neighbored land owned by the State of Wyoming, the federal...
-
From:Harvard Journal of Law & Public Policy (Vol. 36, Issue 2) Peer-ReviewedIn the 1972 case Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court held that the courts had power to create damage remedies for violations of constitutional rights by those acting...
-
From:Journal of Criminal Law and Criminology (Vol. 109, Issue 2) Peer-ReviewedIn June 2017, the Supreme Court decided Ziglar v. Abbasi and held that prisoners unlawfully detained post-9/11 did not have a Bivens claim against policy-level federal executive branch officials and likely had no Bivens...
-
From:University of Pennsylvania Law Review (Vol. 161, Issue 2)INTRODUCTION In the past few years, four courts of appeals have applied a presumption against recognition of a Bivens cause of action (1) in dismissing damages suits alleging constitutional violations arising out of...
-
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...
-
From:Case Western Reserve Law Review (Vol. 68, Issue 4) Peer-ReviewedINTRODUCTION The Japanese-American internment litigation (1) demonstrated the difficulty of holding the government accountable for overreaching in national security cases. While some have argued that post-9/11...
-
From:Harvard Law Review (Vol. 123, Issue 7)Decided in 1971, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (1) held that a cause of action arising directly under the United States Constitution was available against federal officers in their...
-
From:University of Pennsylvania Law Review (Vol. 161, Issue 2)III. BIVENS AND ITS AFTERMATH Although the judges of the en banc Second Circuit disagreed vehemently over the correct outcome in Arar v. Ashcroft, they (and their colleagues on the Fourth, Seventh, and D.C. Circuits)...
-
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...
-
From:Harvard Law Review (Vol. 129, Issue 6)NATIONAL SECURITY--BIN NS REMEDIES--D.C. CIRCUIT HOLDS THAT U.S. CITIZEN DETAINED AND INTERROGATED ABROAD CANNOT HOLD FBI AGENTS INDIVIDUALLY LIABLE FOR VIOLATIONS OF HIS CONSTITUTIONAL RIGHTS.--Meshal v. Higgenbotham,...
-
From:Harvard Law Review (Vol. 132, Issue 3)CONSTITUTIONAL LAW--BIVENS ACTIONS--NINTH CIRCUIT EXTENDS BIVENS REMEDY TO MEXICAN CITIZEN KILLED IN MEXICO BY CROSS-BORDER AGENT STANDING IN AMERICA.--Rodriguez v. Swartz, 899 F.3d 719 (9th Cir. 2018). Congress has...
-
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...
-
From:ABA Journal (Vol. 98, Issue 2)A SKED IN 2002 WHETHER THERE WAS ANY evidence that Iraq had supplied terrorists with weapons of mass destruction, then-Defense Secretary Donald Rumsfeld mously opined: "As we know, there are known knowns; there are...
-
From:Harvard Law Review (Vol. 134, Issue 4)How far must Congress go to foreclose a preexisting federal remedial scheme? A number of statutes and judicially crafted doctrines offer plaintiffs recourse for the violation of constitutional or statutory rights. (1)...