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• LESSONS FOR BIVENS AND QUALIFIED IMMUNITY DEBATES FROM NINETEENTH-CENTURY DAMAGES LITIGATION AGAINST FEDERAL OFFICERS.

  Author:Andrew KentFrom:Notre Dame Law Review (Vol. 96, Issue 5)

  May 202117,800 words Article 1970LThis 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...

• State law, the Westfall Act, and the nature of the Bivens question

  Authors:Carlos M. Vazquez and Stephen I. VladeckFrom:University of Pennsylvania Law Review (Vol. 161, Issue 2)

  Jan. 20139,159 words Article 2040LINTRODUCTION 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...

• Asking the first question: reframing Bivens after Minneci

  Authors:Alexander A. Reinert and Lumen N. MulliganFrom:Washington University Law Review (Vol. 90, Issue 5)

  July 201318,802 words Article 1870LABSTRACT 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...

• State law, the Westfall Act, and the nature of the Bivens question

  Authors:Carlos M. Vazquez and Stephen I. VladeckFrom:University of Pennsylvania Law Review (Vol. 161, Issue 2)

  Jan. 201325,760 words Article 1870LIII. 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)...

• Federal statutes - Westfall Act - D.C. Circuit holds that U.S. officials are immune from Alien Tort Statute claims

  From:Harvard Law Review (Vol. 125, Issue 4)

  Feb. 20124,068 words Case note 2110LFEDERAL STATUTES--WESTFALL ACT--D.C. CIRCUIT HOLDS THAT U.S. OFFICIALS ARE IMMUNE FROM ALIEN TORT STATUTE CLAIMS.--Ali v. Rumsfeld, 649 F.3d 762 (D.C. Cir. 2011). Despite the numerous detainee cases working their way...

• RECOVERING THE TORT REMEDY FOR FEDERAL OFFICIAL WRONGDOING.

  Author:Gregory SiskFrom:Notre Dame Law Review (Vol. 96, Issue 5)

  May 202120,964 words Article 2270LAs the Supreme Court weakens the Bivens constitutional tort cause of action and federal officers avoid liability for unlawful behavior through qualified immunity, we should recollect the merit of the common-law tort...

• BIVENS AND THE ANCIEN REGIME.

  Author:Carlos M. VazquezFrom:Notre Dame Law Review (Vol. 96, Issue 5)

  May 20218,989 words Article 1800LINTRODUCTION In its most recent decision narrowly construing Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, (1) the Supreme Court derided Bivens as the product of an "' ancien regime,'... [in which]...

• Federal employees, torts, and the Westfall Act of 1988

  Author:Robert D. Lee, Jr.From:Public Administration Review (Vol. 56, Issue 4) Peer-Reviewed

  July-August 19966,622 words Article What have been the implications of the 1988 Federal Employees Liability Reform and Tort Compensation Act? The Westfall Act was passed in 1988 to re-immunize federal workers from suits in common law tort, such as...

• WAS BIVENS NECESSARY?

  Authors:Ann Woolhandler and Michael G. CollinsFrom:Notre Dame Law Review (Vol. 96, Issue 5)

  May 202115,421 words Article 1980LINTRODUCTION The propriety of Bivens (1) actions is part of the debate about federal common law. (2) For some judges and scholars, implied actions are a particularly reprobated form of federal common law. (3) Justice...