Search for: "In re: Biven"
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10 May 2024, 12:30 pm
Various applicants: Hey, we're religious. [read post]
16 Apr 2024, 8:04 am
In the forthcoming edition of Ames, Chafee, and Re on Remedies, I included a note after Bivens that addresses the argument that since there is a basis for a suit in equity, there must therefore be a cause of action for damages. [read post]
9 Feb 2024, 1:28 pm
[Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? [read post]
15 Jan 2024, 8:35 am
There is a chapter called "Remedies Against the Government," including Bivens and desegregation. [read post]
5 Jan 2024, 12:30 pm
Second Circuit (unpublished): Nope, Bivens is dead. [read post]
2 Jan 2024, 9:17 am
A list of all petitions we’re watching is available here. [read post]
1 Dec 2023, 12:30 pm
Dissent: However much the Court hates Bivens, there's an on-point decision here, and we're bound by it. [read post]
28 Nov 2023, 7:27 am
" Many separation-of-powers doctrines can be thought of as recipient-based nondelegation doctrines (though they're often not presented with the "delegation" label): Congress can't delegate significant federal authority to someone, unless that someone is appointed according to the rules governing officers of the United States (i.e., the Appointments Clause) and is properly removable. [read post]
28 Nov 2023, 5:24 am
Buckley, 521 U.S. 424 (1997) Week 5 – Res Ipsa Loquitur: Title VII of the Civil Rights Act of 1964 Griggs v. [read post]
27 Nov 2023, 9:00 am
A victorious due process challenge can lead to damages under § 1983 or Bivens; Article I Nondelegation Doctrine or Appointments Clause challenges can't. [read post]
3 Nov 2023, 1:00 pm
First Circuit: Is your name Webster Bivens? [read post]
5 Oct 2023, 2:38 pm
King sued them under the Federal Tort Claims Act and under Bivens v. [read post]
10 Jul 2023, 11:50 am
First, the court unanimously held that the EPA could regulate hydrofluorocarbons even when they’re blended with other chemicals. [read post]
30 Jun 2023, 1:14 pm
It turns out they're cops. [read post]
23 Jun 2023, 12:30 pm
This is a new context for a Bivens claim. [read post]
31 Mar 2023, 12:30 pm
Ninth Circuit: We're sending you back to the gate to do more studies on construction noise. [read post]
10 Mar 2023, 2:12 pm
Fourth Circuit: It is well established that the Bivens doctrine applies to people named Bivens, not Whitey.Affirmed. [read post]
17 Feb 2023, 12:30 pm
Interlocutory review is a qualified immunity thing not a Bivens thing. [read post]
13 Jan 2023, 11:00 am
Responsibilities may include any of the following types of cases: tort, employment, Administrative Procedure Act, Bivens, immigration, fraud, Controlled Substances Act, environmental, bankruptcy, commercial litigation, and others. [read post]
23 Nov 2022, 7:37 am
A bunch of other doctrines are similar: they've been described using the term "delegation", but they're not about the Article I Nondelegation Doctrine. [read post]