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23 May 2017, 4:32 am by Guest Blogger
Indeed, the Supreme Court has heard argument in two cases this Term, Abassi and Hernandez, that may tell us much about the future efficacy of the Bivens action.The nineteenth century model, and its rejection of justifications based on military necessity and national security, comes through in the decision by Justice Joseph Story in The Appollon, upholding the right of a foreign national to recover damages from US government officials who wrongly seized property overseas:"It may be fit… [read post]