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17 May 2017, 7:48 am
” It therefore seems clear that the Justices themselves have decided to re-enter the Bivens fray—although it remains to be seen (and we may soon discover) whether their goal is to reinvigorate the doctrine or inter it once and for all. [read post]
17 May 2017, 1:45 pm
” It therefore seems clear that the Justices themselves have decided to re-enter the Bivens fray—although it remains to be seen (and we may soon discover) whether their goal is to reinvigorate the doctrine or inter it once and for all. [read post]
25 Jul 2012, 7:56 pm
I received the following response from Richard Klingler to my ACSblog post on Monday re: the Al-Aulaqi suit and Bivens, and thought I’d post it in its entirety (below the fold) before replying (also below the fold): Richard writes: Steve’s post arguing that courts should recognize Bivens actions seeking damages from military officials based on wartime operations, including the drone strikes at issue in al-Aulaqi v. [read post]
19 Jun 2017, 12:04 pm
"If you're cold, put on a sweater, perhaps an overcoat, perhaps also turn up the heat, but do not set fire to the house. [read post]
17 Jun 2022, 10:57 am
The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed. [read post]
30 Nov 2009, 4:48 am
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]
23 Jul 2012, 10:07 am
To the extent that the specter of judicial review deters governmental misconduct down the road, Bivens suits can and should have a salutary effect on the conduct of U.S. national security policy — so long as they’re properly understood in the first place. read more [read post]
26 Jun 2007, 4:29 am
Negotiations with Robbins to reestablish the easement broke down and he refused to re-grant it. [read post]
31 Oct 2011, 5:40 am
Judge Wilkinson interrupts, noting that the Supreme Court has been “very skeptical” of Bivens actions and that, since permitting a Bivens action in this case would impinge on foreign affairs and national security, the Court would thus want evidence of clear congressional authorization for a cause of action and “they’re not going to be sympathetic at all to implied rights of action. [read post]
28 Jan 2012, 7:43 am
“Special factors” is part of the two-prong Bivens test. [read post]
26 Jul 2009, 11:17 pm
But Bivens exists. [read post]
6 Mar 2007, 7:24 am
Riddle, Esq.Rob Matson, who represented the debtor, was kind enough to send a copy of Judge Hershner's opinion in In re Bivens, Case No. 06-51778 RFH (M.D. [read post]
22 Jan 2017, 8:42 am
Abassi, the follow-up to Iqbal raising three issues: 1) Whether a Bivens action can be brought against policymakers on national-security matters; 2) whether the complaints were sufficient under Twiqbal; and 3) whether any of this was clearly established in 2001. 1) This case might give the Court an opportunity to re-emphasize and re-ignite "obvious alternative explanation" as part of the pleading analysis. [read post]
25 Jan 2012, 1:24 pm
The opinion begins with an analysis of the Bivens claim. [read post]
27 Feb 2020, 6:48 am
The Court had recognized a cause of action under the Fourth Amendment against federal law enforcement agents in a 1971 case called Bivens, and extended it in two subsequent cases, but it has rejected further Bivens claims in every Supreme Court Bivens case in my lifetime and that doesn't seem likely to change. [read post]
23 Dec 2015, 6:22 am
If an issue is important enough, all 13 will re-hear a case. [read post]
23 Mar 2016, 12:14 pm
Himmelreich, re-posted from SCOTUSblog, with permission: If you read the briefs in Simmons v. [read post]
22 Jun 2017, 3:13 pm
[Volokh Conspiracy / Washington Post] * Professor Richard Re argues that Bivens isn't dead -- at least not yet. [read post]
27 Apr 2015, 2:39 pm
His case isn't frivolous, but he seems to be swimming uphill.Strictly from a lawyer's perspective, even if the Bivens suit fails, I again have to commend Aleynikov's lawyer, Kevin Marino. [read post]
